Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at mexcaferio.click (the "Website") or any services provided by Cafe Rio (the "Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or engaging with any of our services, you agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue your use of our Website and services.

1. Acceptance of Terms

By accessing, browsing, or using the Website at mexcaferio.click, or by placing an order for food or any related products or services offered by Cafe Rio, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you and Cafe Rio. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes. If you are using the Website on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.

You must be at least eighteen (18) years of age to use this Website. By using this Website, you represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you are not permitted to use this Website without the supervision and consent of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Cafe Rio is a food service establishment operating in the United States. Through our Website at mexcaferio.click, we offer the following services:

• Online menu browsing and food ordering services, including delivery and/or pickup options where available
• Information about our restaurant locations, hours of operation, and contact details
• Catering inquiries and reservation requests
• Promotional content, newsletters, and special offers for registered users or subscribers
• Customer support and feedback mechanisms
• Nutritional and allergen information related to our menu items
• Gift card purchasing and redemption where applicable
• Loyalty or rewards program enrollment and management, where offered

The availability of these services may vary depending on your geographic location within the United States. We reserve the right to modify, suspend, or discontinue any service or feature at any time, with or without notice, and we shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

All food items displayed on the Website are subject to availability. Menu items, prices, and promotions are subject to change without prior notice. Images displayed on the Website are for illustrative purposes only and may not represent the exact appearance of the product delivered or served.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Website and our services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order
• Maintain the security of your account credentials and notify us immediately of any unauthorized use of your account
• Use the Website only for lawful purposes and in accordance with these Terms
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Website
• Respect the intellectual property rights of Cafe Rio and third parties
• Pay all applicable charges for orders placed through the Website, including taxes and fees

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website for any fraudulent, unlawful, or unauthorized purpose
• Impersonate any person or entity, including any employee or representative of Cafe Rio
• Use automated scripts, bots, crawlers, scrapers, or any other automated means to access the Website or collect data without our express written permission
• Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website
• Transmit any harmful, offensive, defamatory, obscene, or otherwise objectionable content through the Website
• Introduce any viruses, trojans, worms, logic bombs, or other technologically harmful material to the Website
• Engage in any activity that disrupts, damages, or impairs the functionality of the Website or the servers and networks connected to it
• Collect or harvest any personally identifiable information from the Website without authorization
• Use the Website to send unsolicited communications (spam) to other users or third parties
• Violate any applicable federal, state, or local laws, including consumer protection laws enforced by the Federal Trade Commission (FTC)
• Attempt to reverse engineer, decompile, disassemble, or otherwise extract source code from the Website
• Resell or commercially exploit any content from the Website without our express written consent
• Submit false or misleading reviews, ratings, or feedback about our products or services

Violation of any of the above prohibitions may result in the immediate termination of your access to the Website and may subject you to civil and/or criminal liability under applicable law.

4. Intellectual Property Rights

The Website and all of its original content, features, and functionality — including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and the arrangement thereof — are owned by or licensed to Cafe Rio and are protected by United States federal and state intellectual property laws, including copyright, trademark, trade secret, and other applicable laws.

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 or licensors. You must not use such marks without the prior written permission of Cafe Rio. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial purposes only, subject to these Terms. This license does not include the right to:

• Modify or copy any materials from the Website
• Use the materials for any commercial purpose or for any public display
• Remove any copyright, trademark, or other proprietary notices from the Website's materials
• Transfer the materials to another person or entity
• Create derivative works based on the Website's content

Any use of the Website's content beyond the scope of the license granted herein is strictly prohibited and may violate copyright, trademark, and other laws. If you wish to use our intellectual property for any purpose not covered by this license, you must obtain prior written permission from Cafe Rio.

If you submit any content to the Website (such as reviews, comments, feedback, or suggestions), you grant Cafe Rio a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media now known or hereafter developed, without any obligation of confidentiality or compensation to you.

5. Payment Terms

5.1 Pricing and Charges

All prices displayed on the Website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Tax amounts will be calculated and displayed at the time of checkout. We reserve the right to modify prices at any time without prior notice. Any changes to pricing will not affect orders that have already been confirmed.

5.2 Payment Methods

We accept a variety of payment methods as indicated on the Website at the time of checkout, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and digital payment platforms. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Cafe Rio to charge the full amount of your order to that payment method.

5.3 Order Confirmation and Cancellations

Upon successful completion of an order, you will receive a confirmation via email or through the Website. This confirmation constitutes acceptance of your order. If you need to cancel or modify an order, please contact us as soon as possible at [email protected]. Cancellations may not be possible once preparation of your order has commenced.

5.4 Refunds

Refund eligibility is determined on a case-by-case basis. If you believe you have received an incorrect, damaged, or unsatisfactory order, please contact us within a reasonable time of receiving your order. We reserve the right to offer a replacement, store credit, or monetary refund at our sole discretion. Refunds, where applicable, will be processed to the original payment method within a reasonable timeframe.

5.5 Promotional Codes and Offers

Promotional codes, discounts, and special offers are subject to specific terms and conditions associated with each promotion. They may not be combined with other offers unless explicitly stated. Cafe Rio reserves the right to withdraw or modify any promotion at any time without prior notice.

6. Third-Party Links and Services

The Website may contain links to third-party websites or services that are not owned or controlled by Cafe Rio. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We strongly recommend that you review the terms and privacy policies of any third-party websites you visit.

If we use third-party delivery platforms, payment processors, or other service providers, your interactions with such providers are governed by their respective terms and policies. Cafe Rio is not liable for any issues arising from your use of third-party services.

7. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH IT 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 UNITED STATES LAW, CAFE RIO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Cafe Rio does not warrant that:

• The Website will be available, uninterrupted, timely, secure, or error-free
• The information or content on the Website is accurate, reliable, complete, or current
• The results obtained from the use of the Website will be accurate or reliable
• Any errors in the Website will be corrected
• The Website or its servers are free of viruses or other harmful components

Nutritional and allergen information provided on the Website is offered as a general guide only and may not account for variations in preparation, ingredient substitutions, or cross-contamination risks. Customers with specific dietary needs, allergies, or health conditions are strongly encouraged to consult directly with our staff before placing an order. Cafe Rio shall not be liable for any adverse health effects resulting from reliance on nutritional or allergen information displayed on the Website.

Your use of the Website and any services offered is at your sole risk. No advice or information, whether oral or written, obtained from Cafe Rio or through the Website shall create any warranty not expressly stated in these Terms.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES FEDERAL AND STATE LAW, IN NO EVENT SHALL CAFE RIO, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of, or inability to use, the Website or services
• Any unauthorized access to or use of your account or personal information
• Any errors, omissions, interruptions, deletions, defects, or delays in operation or transmission
• Any food products or services purchased through the Website
• Any conduct or content of any third party on or through the Website
• Any content obtained from the Website

IN NO EVENT SHALL CAFE RIO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND 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).

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

9. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio and its owners, officers, directors, employees, agents, contractors, licensors, service providers, and successors from and against any 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 of the Website or services in any manner not authorized by these Terms
• Your violation of any applicable federal, state, or local laws or regulations
• Your infringement of any intellectual property or other rights of any third party
• Any content you submit, post, or transmit through the Website
• Your negligence or willful misconduct

Cafe Rio reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Cafe Rio in asserting any available defenses. You agree not to settle any such matter without the prior written consent of Cafe Rio.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter 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's principal place of business is located, without regard to its conflict of law provisions.

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

Nothing in this section shall limit Cafe Rio's right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or other proprietary interests.

For users located in California, these Terms are additionally subject to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as well as other applicable California state laws. For all users, the Federal Trade Commission Act (FTC Act) applies with respect to consumer protection matters. We are committed to complying with all applicable consumer protection laws enforced by the FTC and relevant state agencies.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Cafe Rio and attempt to resolve any dispute informally. Please send a written description of your dispute to [email protected] with "Dispute Resolution Request" in the subject line. We will attempt to resolve the dispute within thirty (30) days of receiving your notice.

11.2 Binding Arbitration

If the dispute cannot be resolved informally within thirty (30) days, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or our services — including the breach, termination, enforcement, interpretation, or validity thereof — shall be resolved by binding arbitration administered by a recognized arbitration organization in the United States (such as the American Arbitration Association (AAA)) in accordance with its then-current rules for consumer disputes.

The arbitration shall be conducted in English. The arbitrator shall have the authority to award any remedy that would be available in a court of competent jurisdiction. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You and Cafe Rio agree that any arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action. Neither you nor Cafe Rio shall be entitled to join or consolidate claims in arbitration or arbitrate any claim as a representative or member of a class.

11.3 Exceptions to Arbitration

Notwithstanding the arbitration agreement, either party may bring individual claims in small claims court if the claims qualify. Additionally, either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm, pending final resolution by arbitration.

11.4 Waiver of Jury Trial

BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES. IF THE ARBITRATION PROVISION IS FOUND UNENFORCEABLE, ANY CLAIMS SHALL BE RESOLVED BY A JUDGE SITTING WITHOUT A JURY IN A COURT OF COMPETENT JURISDICTION.

12. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Website or any of our services. We reserve the right, in our sole discretion, to:

• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation any violation of these Terms
• Terminate or suspend your account if we determine, in our sole discretion, that your conduct poses a risk to Cafe Rio, other users, or third parties
• Pursue any other remedy or relief available under applicable law

Upon termination of your access to the Website or your account, your right to use the Website shall immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to intellectual property rights provisions, disclaimers, indemnification, and limitation of liability.

You may stop using the Website at any time. If you have a registered account, you may request deletion of your account by contacting us at [email protected].

13. Changes to Terms of Service

Cafe Rio reserves the right, at its sole discretion, to modify, update, or replace any part of these Terms of Service at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by sending an email notification to registered users or by displaying a prominent notice on the Website.

It is your responsibility to review these Terms periodically for changes. Your continued use of the Website following the posting of any revised Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree to the modified Terms, you must discontinue your use of the Website.

Cafe Rio shall not be liable to you or any third party for any modification, suspension, or discontinuation of the services or the Website.

14. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, disclose, and safeguard your personal information when you use our Website and services. By using our Website, you consent to the data practices described in our Privacy Policy, which is incorporated into these Terms by reference.

For users in California, your rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) are detailed in our Privacy Policy. These rights may include the right to know about personal information collected, the right to delete personal information, the right to opt-out of the sale of personal information, and the right to non-discrimination.

15. Accessibility

Cafe Rio is committed to ensuring that our Website is accessible to all users, including individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) and applicable accessibility requirements under Section 508 of the Rehabilitation Act and the Americans with Disabilities Act (ADA) to the extent required by law. If you experience any difficulty accessing our Website, please contact us at [email protected] so we can assist you.

16. Food Safety and Allergen Notice

Cafe Rio takes food safety seriously and strives to maintain the highest standards of food preparation and handling. However, we cannot guarantee that our kitchen is entirely free from allergens, as our food is prepared in an environment where common allergens such as gluten, dairy, nuts, eggs, soy, shellfish, and other allergens may be present.

If you have a food allergy, intolerance, or dietary restriction, we strongly encourage you to speak directly with our staff before placing an order. Cafe Rio shall not be held liable for any allergic reactions, adverse health effects, or injuries resulting from consumption of our products where such conditions were not disclosed to us at the time of ordering.

17. Severability

If any provision, clause, or part of these Terms of Service is found to be invalid, illegal, unenforceable, or in conflict with any applicable law by a court of competent jurisdiction or an arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

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 in writing by an authorized representative of Cafe Rio.

18. Entire Agreement

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

No modification to these Terms shall be effective unless made in writing and signed by an authorized representative of Cafe Rio, except as otherwise provided herein.

19. Waiver

The failure of Cafe Rio to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by Cafe Rio must be in writing and signed by an authorized representative of Cafe Rio to be effective. A waiver by Cafe Rio of any default shall not constitute a waiver of any subsequent default of the same or any other provision.

20. Force Majeure

Cafe Rio shall not be liable for any failure or delay in performance under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, supply chain disruptions, power outages, internet failures, or other events that are unforeseeable or unavoidable. In the event of a force majeure event, Cafe Rio will make reasonable efforts to resume normal operations as soon as practicable.

21. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, your use of the Website, or our services, please do not hesitate to contact us using the information provided below. We are committed to addressing your inquiries in a timely and professional manner.