Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at scafe-rio.top (the "Site") or any services offered by Cafe Rio ("we," "us," "our," or the "Company"). By accessing, browsing, or using our Site or services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must immediately discontinue use of this Site and our services.

1. Acceptance of Terms

By using the Site, placing an order, creating an account, or otherwise engaging with Cafe Rio's products and services, you ("User," "Customer," or "you") enter into a legally binding agreement with Cafe Rio governed by these Terms of Service. This Agreement applies to all visitors, registered users, and any other individuals who access or use the Site or our food-related services.

You represent and warrant that you are at least 18 years of age, or if you are between 13 and 17 years of age, that you are accessing the Site with the knowledge and consent of your parent or legal guardian. Individuals under the age of 13 are strictly prohibited from using this Site or our services without verifiable parental consent, in compliance with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501–6506.

Your continued use of the Site following any modifications or updates to these Terms constitutes your acceptance of the revised Terms. We encourage you to review this page periodically to stay informed of any changes.

2. Description of Services

Cafe Rio is a food service business operating in the United States that provides customers with access to a range of food-related products and services, which may include, but are not limited to:

• Online ordering of food and beverages for pickup, delivery, or dine-in reservations
• Browsing menus, promotions, and specials available at Cafe Rio locations
• Creating and managing user accounts for loyalty programs and order history
• Subscription to newsletters, promotional communications, and digital offers
• Catering inquiries and event-based food service arrangements
• Gift card purchases and redemptions
• Customer support services via email and other communication channels

We reserve the right, at our sole discretion, to modify, suspend, add, or discontinue any aspect of our services at any time without prior notice. Cafe Rio shall not be liable to you or any third party for any such modification, suspension, or discontinuation of services.

Availability of specific menu items, pricing, and services may vary by location and are subject to change without notice. All food items are prepared in facilities that may handle common allergens including, but not limited to, nuts, dairy, gluten, soy, eggs, and shellfish. Users with dietary restrictions or food allergies are advised to contact us directly before placing any order.

3. User Accounts and Registration

Certain features of our Site may require you to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information as prompted by the registration form
• Maintain and promptly update your account information to keep it accurate and current
• Maintain the security and confidentiality of your account credentials, including your password
• Accept full responsibility for all activities that occur under your account
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security

Cafe Rio reserves the right to suspend or terminate your account at any time if we believe, in our sole discretion, that you have violated these Terms or engaged in fraudulent, abusive, or otherwise inappropriate behavior. We shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

4. User Obligations and Prohibited Activities

As a condition of your use of the Site and our services, you agree to comply with all applicable federal, state, and local laws and regulations. You further agree that you will not engage in any of the following prohibited activities:

4.1 General Prohibitions

• Using the Site for any unlawful purpose or in violation of any applicable federal, state, or local laws, including but not limited to consumer protection laws enforced by the Federal Trade Commission (FTC) under 15 U.S.C. § 45
• Impersonating any person or entity, including any Cafe Rio employee, representative, or affiliate
• Misrepresenting your identity or affiliation with any person or organization
• Collecting or harvesting any personally identifiable information from the Site without authorization
• Using the Site to send unsolicited commercial communications (spam)
• Interfering with or disrupting the integrity or performance of the Site or its related systems

4.2 Technical Prohibitions

• Attempting to gain unauthorized access to any portion of the Site, other user accounts, or any connected computer systems or networks
• Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written consent
• Introducing any virus, trojan horse, worm, logic bomb, or other malicious or harmful material to the Site
• Attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
• Removing, altering, or obscuring any proprietary notice or label on the Site

4.3 Content Prohibitions

• Posting, transmitting, or distributing any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable
• Uploading any content that infringes upon the intellectual property rights of any third party
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Site
• Using the Site to promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

Violation of any of the above prohibitions may result in immediate termination of your access to the Site and/or legal action as permitted under applicable law.

5. Intellectual Property Rights

All content available on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall layout and design of the Site, is the exclusive property of Cafe Rio or its content suppliers and is protected by United States copyright law (17 U.S.C. § 101 et seq.), trademark law (15 U.S.C. § 1051 et seq., the Lanham Act), and other applicable intellectual property laws.

5.1 Trademarks

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

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 Site solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution

5.3 User-Generated Content

If you submit, post, or transmit any content, reviews, comments, feedback, or other materials to the Site ("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 throughout the world in any media. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license described above.

6. Payment Terms and Ordering

When you place an order through the Site, you agree to provide current, complete, and accurate payment information. By submitting your payment information, you authorize Cafe Rio or its designated payment processors to charge the applicable fees to your payment method.

6.1 Pricing and Availability

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Cafe Rio reserves the right to correct any pricing errors on the Site and to cancel or refuse any orders placed at incorrect prices. Applicable sales taxes will be calculated and added to your order total based on the applicable state and local tax rates at the point of service.

6.2 Payment Processing

We use third-party payment processors to handle payment transactions. By using our payment services, you agree to the terms and conditions of our payment processors in addition to these Terms. Cafe Rio does not store complete credit or debit card information on its servers. All payment card data is handled in accordance with Payment Card Industry Data Security Standards (PCI DSS).

6.3 Refunds and Cancellations

Refund and cancellation policies vary depending on the type of order and the circumstances of the request. In general:

• Online orders may be cancelled within a limited window prior to preparation, as specified during the checkout process
• If you receive an incorrect or defective order, please contact us immediately at [email protected] for resolution
• Refunds, if approved, will be processed to the original payment method within 5–10 business days
• Catering orders and large-scale orders may be subject to separate cancellation and refund policies as outlined in your catering agreement

6.4 Gift Cards

Gift cards purchased through the Site are subject to applicable state laws governing gift cards and stored value cards. Gift cards are non-refundable except where required by law, have no cash value, and may not be exchanged for cash except as required by applicable state law.

7. Disclaimers and "As-Is" Basis

THE SITE AND ALL SERVICES, CONTENT, MATERIALS, INFORMATION, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE 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 OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, QUALITY, OR CONTENT OF ANY INFORMATION OR MATERIALS PROVIDED THROUGH THE SITE
• WARRANTIES THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE WILL BE CORRECTED

No oral or written information or advice given by Cafe Rio, its employees, or representatives shall create any warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

NUTRITIONAL AND ALLERGEN INFORMATION: Cafe Rio makes reasonable efforts to provide accurate nutritional and allergen information; however, we cannot guarantee that such information is complete or error-free, as menu items and preparation methods may change. Customers with serious food allergies should exercise caution and contact us directly before ordering.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY:

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, OUR SERVICES, OR ANY CONTENT THEREIN, EVEN IF CAFE RIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CAFE RIO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR SERVICES 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 UNITED STATES DOLLARS ($100.00).

Certain state laws may not allow limitations on implied warranties or exclusion of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

9. Indemnification

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

• Your violation of these Terms of Service
• Your use of the Site or services in any manner not authorized by these Terms
• Your violation of any applicable federal, state, or local law or regulation
• Your infringement or misappropriation of any intellectual property or other rights of any third party
• Any User Content you submit, post, or transmit through the Site
• Your violation of any rights of another user or third party
• Any misrepresentation made by you

Cafe Rio reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Cafe Rio. These links are provided for your convenience only. Cafe Rio has no control over the content, privacy policies, or practices of any third-party websites and accepts no responsibility or liability for them. We strongly recommend that you review the terms of service and privacy policies of any third-party websites you visit.

References to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Cafe Rio.

11. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, share, and protect information about you when you use our Site and services. By using the Site, you consent to the data practices described in our Privacy Policy.

To the extent you are a resident of California, your use of our services is also subject to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq., which provides California residents with specific rights regarding their personal information. These rights are described in detail in our Privacy Policy.

12. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or the use of the Site shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Cafe Rio is principally located, without giving effect to any conflict of law provisions or your actual state or country of residence.

Subject to the arbitration provision set forth in Section 13 below, 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 in the United States, and you hereby irrevocably submit to the personal jurisdiction and venue of such courts for such purposes.

The Site is controlled and operated from within the United States. Cafe Rio makes no representation that materials on the Site are appropriate or available for use in other locations. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, 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 your concern within thirty (30) days of receiving your written notice of dispute. If the dispute is not resolved within this period, either party may pursue the formal dispute resolution procedures described below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms, the Site, or our services that cannot be resolved informally shall be finally settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND CAFE RIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Cafe Rio agree otherwise, 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.

13.4 Exceptions to Arbitration

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

14. Term and Termination

These Terms of Service will remain in full force and effect for as long as you use the Site or maintain an account with Cafe Rio. Cafe Rio may, in its sole and absolute discretion, terminate or suspend your access to all or any portion of the Site at any time, with or without notice, for any reason or no reason, including without limitation any breach of these Terms.

Upon termination of your access:

• Your right to access and use the Site will immediately cease
• Cafe Rio may delete your account and all associated data, subject to our data retention obligations under applicable law
• All provisions of these Terms which by their nature should survive termination shall so survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination, including but not limited to payment obligations for completed transactions.

15. Changes to These Terms

Cafe Rio reserves the right to modify, amend, or update these Terms of Service at any time in our sole discretion. We will notify you of any material changes by:

• Posting the updated Terms on this page with a revised "Last Updated" date
• Sending a notification to the email address associated with your account, if applicable
• Displaying a prominent notice on the Site's homepage

Your continued use of the Site after the effective date of any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to the revised Terms, you must stop using the Site and, if applicable, close your account. We encourage you to review this page frequently to stay informed of the current Terms.

16. Severability

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

No waiver by Cafe Rio of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cafe Rio to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the sole and entire agreement between you and Cafe Rio regarding the Site and our services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter hereof.

These Terms of Service are not intended to and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Cafe Rio.

18. Force Majeure

Cafe Rio shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God, fire, flood, earthquake, or other natural disasters; national emergencies; insurrection, riot, or war; governmental action; labor disputes; pandemic or epidemic; internet or telecommunications outages; or any other cause beyond the reasonable control of Cafe Rio. In such events, Cafe Rio's obligations will be suspended for the duration of the force majeure event.

19. Electronic Communications

By using the Site or communicating with us by electronic means (including email), you consent to receiving electronic communications from Cafe Rio. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or by posting on the Site, satisfy any legal requirements that such communications be in writing. You agree that you have the ability to store such electronic communications so that you can access them unchanged for a period of time adequate for the purposes for which the communications are intended.

20. Compliance with Applicable Laws

Cafe Rio operates in compliance with applicable United States federal and state laws, including:

Our commitment to compliance with these laws reflects our dedication to ethical business practices and the protection of our customers' rights and well-being.

21. Accessibility

Cafe Rio is committed to ensuring that our Site is accessible to all users, including those with disabilities, in compliance with the Americans with Disabilities Act (ADA) and applicable Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing any content or functionality on our Site due to a disability, please contact us so that we may provide assistance or an alternative means of access.

22. Contact Information

If you have any questions, concerns, comments, or requests regarding these Terms of Service, please do not hesitate to contact us using the information below. We are committed to addressing your inquiries promptly and professionally.

When contacting us regarding a legal matter or dispute, please include "Legal Notice" in the subject line of your communication to ensure it is directed to the appropriate department for timely review and response.