Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at rioscafe.digital (the "Site") or any services offered by Cafe Rio ("Company," "we," "us," or "our"). By accessing or using our Site, placing an order, or otherwise engaging with our services, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

If you do not agree with any part of these Terms, you must immediately discontinue your use of the Site and our services. These Terms constitute a legally binding agreement between you and Cafe Rio, governed by the laws of the United States.

1. Acceptance of Terms

By accessing, browsing, or using the Site at rioscafe.digital, submitting an order, creating an account, or otherwise interacting with Cafe Rio's digital or in-person services, you expressly agree to comply with and be bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference.

You represent and warrant that:

• You are at least eighteen (18) years of age or have the legal capacity to enter into a binding contract under applicable law;
• You have the right, authority, and legal capacity to agree to these Terms on your own behalf or on behalf of any organization you represent;
• Your use of the Site and services does not violate any applicable law or regulation;
• All information you provide to Cafe Rio is accurate, current, and complete.

If you are using this Site on behalf of a business entity, you represent and warrant that you have the authority to bind such entity to these Terms, and the term "you" shall refer to both you individually and the entity.

2. About Cafe Rio

Cafe Rio is a food and beverage establishment offering dine-in, takeout, online ordering, and catering services. Our mission is to deliver high-quality, fresh, and flavorful food experiences to our valued customers. We operate our digital presence through the website rioscafe.digital, through which customers may learn about our menu offerings, place orders, make reservations, and interact with our brand.

For all inquiries, you may contact us at:

3. Description of Services

Cafe Rio provides the following services through its physical location and/or digital platform at rioscafe.digital:

3.1 Food and Beverage Services

We prepare and serve food and beverages for dine-in, carry-out, curbside pickup, and delivery (where applicable). Menu items, availability, and pricing are subject to change without prior notice. We make every reasonable effort to accurately describe our menu items and ingredients on our Site, but variations may occur based on supplier availability, seasonal ingredients, and preparation methods.

3.2 Online Ordering

Our Site may feature an online ordering platform through which customers can browse our menu, customize their orders, and submit payment for pickup or delivery. By placing an online order, you agree to provide accurate and complete information, including but not limited to delivery address (if applicable), contact information, and valid payment credentials.

3.3 Catering Services

Cafe Rio may offer catering services for private events, corporate gatherings, and group occasions. Catering inquiries are subject to availability and separate catering agreements, which will be communicated to you directly. Minimum order requirements, deposit obligations, and cancellation policies may apply and will be disclosed prior to confirmation.

3.4 Loyalty Programs and Promotions

From time to time, Cafe Rio may offer loyalty programs, promotional discounts, special offers, or coupon codes. Participation in such programs is voluntary and subject to separate terms and conditions, which will be clearly communicated at the time of enrollment or offer. Promotions are not transferable, cannot be exchanged for cash, and may expire. Cafe Rio reserves the right to modify or discontinue any promotional program at any time.

3.5 Informational Content

Our Site contains general information about Cafe Rio, including our story, menu, locations, hours of operation, and contact details. While we strive to keep this information accurate and up to date, we do not guarantee the completeness, accuracy, or timeliness of any content on the Site.

4. User Obligations and Prohibited Activities

4.1 General User Obligations

As a user of our Site and services, you agree to:

• Use the Site and services only for lawful purposes and in accordance with these Terms;
• Provide truthful, accurate, and complete information when placing orders, creating accounts, or communicating with us;
• Keep your account credentials (if applicable) secure and confidential;
• Notify Cafe Rio promptly at [email protected] if you believe your account has been compromised;
• Comply with all applicable local, state, and federal laws and regulations in connection with your use of our services.

4.2 Prohibited Activities

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

• Fraudulent Orders: Placing orders with no intention of payment or pick-up, submitting chargebacks in bad faith, or using fraudulent payment methods;
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Site, its servers, or any related systems or networks;
• Data Scraping: Using automated tools, robots, scrapers, crawlers, or similar technologies to extract data from the Site without express written permission;
• Malware and Attacks: Introducing viruses, malware, spyware, Trojan horses, ransomware, or other malicious code intended to harm or disrupt the Site or its users;
• Impersonation: Impersonating Cafe Rio, its employees, or any other person or entity in a manner that is misleading or harmful;
• Defamatory or Harassing Conduct: Posting or submitting content that is false, defamatory, abusive, threatening, harassing, obscene, or otherwise objectionable;
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works from any content on the Site without authorization;
• Misrepresentation of Affiliation: Claiming a false affiliation with or endorsement by Cafe Rio;
• Commercial Exploitation: Using the Site or any of its content for unauthorized commercial purposes;
• Interference with Operations: Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure or interferes with the proper functioning of the Site.

Cafe Rio reserves the right, in its sole discretion, to terminate or restrict your access to the Site and services if you engage in any of the above prohibited activities, without notice and without liability to you.

5. Intellectual Property Rights

All content, materials, and assets appearing on or accessible through rioscafe.digital, including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, digital downloads, menu designs, data compilations, and software, are the exclusive property of Cafe Rio or its content suppliers and are protected under the intellectual property laws of the United States, including copyright, trademark, trade dress, and other applicable laws.

5.1 Trademarks

The name "Cafe Rio," our logo, taglines, and other identifying marks used in connection with our services are trademarks or service marks of Cafe Rio. You may not use, reproduce, or display any of our trademarks without our prior written consent. Nothing in these Terms grants you any right, title, or license to use our trademarks.

5.2 Limited License to Users

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 sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Site or any content found therein.

5.3 User-Submitted Content

If you submit reviews, feedback, comments, photographs, or other content to Cafe Rio through the Site or via social media platforms tagged or directed at us, you grant Cafe Rio a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, and distribute such content in any media worldwide. You represent and warrant that you own or have the necessary rights to submit such content and that it does not infringe on the rights of any third party.

6. Payment Terms

6.1 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Taxes, delivery fees (if applicable), and service charges will be calculated and disclosed at checkout before you finalize your order.

6.2 Payment Methods

Cafe Rio accepts major credit cards, debit cards, and other payment methods as indicated on the Site or at the point of sale. By submitting a payment, you represent that you are authorized to use the payment method provided and that the information you supply is true and accurate.

6.3 Order Confirmation

An order is not confirmed until you receive a confirmation notification from Cafe Rio. We reserve the right to refuse or cancel any order at our sole discretion, including if there is an error in pricing, if the item is unavailable, or if we suspect fraud. In such cases, any charges already processed will be refunded promptly.

6.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you have a complaint about the quality or accuracy of an order, please contact us within a reasonable time after receipt at [email protected]. Cafe Rio will review complaints on a case-by-case basis and may, at its discretion, offer a replacement, store credit, or refund. Catering orders may be subject to separate cancellation and refund policies disclosed at the time of booking.

6.5 Chargebacks

If you initiate a chargeback with your financial institution without first contacting Cafe Rio to resolve the issue in good faith, we reserve the right to dispute the chargeback and to take appropriate legal or administrative action, including suspension of your account and reporting to relevant authorities.

7. Disclaimer of Warranties

To the fullest extent permissible under applicable law, Cafe Rio expressly disclaims all warranties, express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components;
• Warranties regarding the accuracy, reliability, completeness, or timeliness of any content on the Site;
• Warranties that orders placed through the Site will be free of errors or that any errors will be corrected.

Cafe Rio does not warrant or represent that the use of the Site or any product or service purchased through it will meet your expectations or requirements. Allergen and nutritional information is provided as a guide only. It is your responsibility to verify ingredient and allergen information directly with our staff before placing an order, particularly if you have dietary restrictions or food allergies.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Cafe Rio, its officers, directors, employees, agents, licensors, suppliers, and service providers shall not be liable for any of the following types of losses or damages, even if Cafe Rio has been advised of the possibility of such damages:

• Indirect, incidental, special, consequential, punitive, or exemplary damages;
• Loss of profits, revenue, data, goodwill, or business opportunities;
• Damages arising from your inability to access or use the Site or services;
• Damages arising from unauthorized access to or alteration of your transmissions or data;
• Damages arising from the conduct of any third party in connection with the Site;
• Personal injury or property damage of any nature resulting from your access to or use of the Site or services, except where such liability cannot be excluded under applicable law.

In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability shall be limited to the maximum extent permitted by law.

In any event, Cafe Rio's total cumulative liability to you for any and all claims arising out of or relating to these Terms or your use of the Site or services shall not exceed the greater of: (a) the total amount you paid to Cafe Rio during the thirty (30) days preceding the claim giving rise to liability, or (b) One Hundred United States Dollars ($100.00 USD).

9. Indemnification

You agree to indemnify, defend, and hold harmless Cafe Rio and its officers, directors, employees, agents, affiliates, 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;
• Your use or misuse of the Site or services;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights;
• Your violation of any applicable law, regulation, or ordinance;
• Any content you submit, post, or transmit through the Site;
• Any fraudulent, deceptive, or harmful conduct on your part in connection with the Site or 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. You agree to cooperate fully with Cafe Rio's defense of any such claim. You shall not settle any claim without the prior written consent of Cafe Rio.

10. Food Safety and Allergen Notice

Cafe Rio takes food safety and customer health seriously. However, our food is prepared in a kitchen environment where allergens including but not limited to gluten, dairy, nuts, soy, eggs, shellfish, and other common allergens may be present. We cannot guarantee that any menu item is completely free of allergens due to the shared nature of our kitchen facilities.

If you have a known food allergy, intolerance, or dietary restriction, we strongly encourage you to:

• Contact us directly at [email protected] prior to placing your order;
• Speak with a staff member at our location before ordering;
• Review all available ingredient information carefully.

Cafe Rio shall not be liable for adverse reactions resulting from undisclosed allergies or intolerances. Customers with severe food allergies dine or order at their own risk.

11. Third-Party Links and Services

The Site may contain links to third-party websites, platforms, or services 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 sites and expressly disclaims all responsibility for them.

Cafe Rio does not endorse or assume any responsibility for any third-party sites, information, materials, products, or services. If you access a third-party website from our Site, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. We encourage you to review the privacy policies and terms of service of any third-party sites you visit.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or the services provided by Cafe Rio 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 its conflict of law provisions.

To the extent permitted by law, any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction located within the United States, and you hereby irrevocably consent to the 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 your use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

These Terms are additionally subject to applicable federal consumer protection laws enforced by the Federal Trade Commission (FTC), including the FTC Act (15 U.S.C. § 41 et seq.), which prohibits unfair or deceptive acts or practices in commerce. Where applicable, the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), may also apply to residents of California.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting Cafe Rio at [email protected] and providing a written description of the dispute, the relief sought, and your contact information. Cafe Rio will attempt to respond and resolve the matter within thirty (30) days of receipt.

13.2 Binding Arbitration

If informal resolution is unsuccessful, any and all disputes, claims, or controversies arising out of or relating to these Terms, the Site, or the services provided by Cafe Rio — including questions about the existence, validity, or termination of this Agreement — shall be resolved through binding arbitration on an individual basis, in accordance with the rules of the American Arbitration Association (AAA) then in effect, except as modified by this Agreement.

The arbitration shall be conducted in English, in the United States, and the arbitrator's decision shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

13.3 Class Action Waiver

13.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction to maintain the status quo pending arbitration, or to protect intellectual property rights or confidential information.

14. Term and Termination

14.1 Duration

These Terms shall remain in full force and effect for as long as you access or use the Site or any services offered by Cafe Rio. They are effective as of the date you first access the Site or the Effective Date listed above, whichever is earlier.

14.2 Termination by You

You may cease using the Site and services at any time. If you have an account with Cafe Rio, you may request deletion of your account by contacting us at [email protected].

14.3 Termination by Cafe Rio

Cafe Rio reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate your access to the Site and/or services at any time, with or without notice, and for any reason, including but not limited to:

• Violation of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Technical or security reasons;
• Discontinuation of the Site or any particular service.

14.4 Effect of Termination

Upon termination of these Terms, your right to access the Site and use our services shall immediately cease. Sections of these Terms that by their nature should survive termination — including but not limited to Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and Miscellaneous provisions — shall survive any termination or expiration of this Agreement.

15. Changes to These Terms

Cafe Rio reserves the right to update, amend, or replace these Terms of Service at any time, in its sole discretion. Any changes will be posted on this page with a revised "Last Updated" date at the top of the document. Where required by law or where changes are material, we may also provide additional notice, such as via email to registered users or by displaying a prominent notice on the Site.

Your continued use of the Site or services following the posting of any revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Site and services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check for changes.

16. Severability

If any provision of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be illegal, invalid, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be deemed severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by the invalidity or unenforceability of the severed 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. A waiver of any right or provision will only be effective if made in writing and signed by a duly authorized representative of Cafe Rio.

17. Entire Agreement

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

No oral representations, statements, or inducements apart from these Terms shall be of any force or effect. Any agreements or modifications to these Terms must be made in writing and signed by an authorized representative of Cafe Rio to be valid and enforceable.

18. Force Majeure

Cafe Rio shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, fire, floods, earthquakes, war, terrorism, civil unrest, government actions, labor disputes, supply chain disruptions, power outages, internet service disruptions, or any other event beyond Cafe Rio's reasonable control (collectively, "Force Majeure Events").

In the event of a Force Majeure Event, Cafe Rio's obligations shall be suspended for the duration of the event, and Cafe Rio shall use commercially reasonable efforts to resume normal operations as soon as practicable.

19. Electronic Communications

By using the Site or communicating with Cafe Rio via email or other digital means, you consent to receiving electronic communications from us. You agree that all notices, disclosures, agreements, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of receiving promotional communications from Cafe Rio at any time by following the unsubscribe instructions contained in our communications or by contacting us at [email protected]. Please note that even after opting out of promotional messages, we may still send you transactional or administrative communications related to your account or orders.

20. Accessibility

Cafe Rio is committed to making our Site accessible to individuals with disabilities. We strive to ensure that our digital content meets or exceeds applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing our Site or require assistance, please contact us at [email protected] so that we may provide assistance or alternative access to our services.

21. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, or if you wish to report a violation, please contact us using the information below. We are committed to addressing your inquiries in a timely and professional manner.