Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at caferiomex.click (the "Website") or any related services offered by Cafe Rio ("Company," "we," "us," or "our"). By accessing or using our Website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of our Website and services immediately.

1. Acceptance of Terms

By accessing, browsing, or using the Website at caferiomex.click, placing an order, or otherwise engaging with any of our services, you enter into a legally binding agreement with Cafe Rio. This Agreement is enforceable under applicable federal and state laws of the United States. These Terms apply to all visitors, users, customers, and others who access or use the Website.

If you are using the Website on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms and that the entity agrees to be legally bound herein. In such a case, the terms "you" and "your" shall refer to both you individually and that entity.

You must be at least eighteen (18) years of age to use our services. By using our Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement. If you are under 18, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

We reserve the right to update, modify, or replace any part of these Terms at any time. Your continued use of the Website following any changes constitutes your acceptance of the new Terms. We encourage you to review this page periodically.

2. Description of Services

Cafe Rio operates as a food service business providing customers with access to food ordering, menu information, promotional offers, catering inquiries, and general company information through our Website at caferiomex.click. Our services may include, but are not limited to:

• Online menu browsing and food ordering (where available)
• Catering requests and event food service inquiries
• Customer account creation and management
• Loyalty or rewards program participation (where offered)
• Access to promotional materials, coupons, and special offers
• Customer support and feedback submission
• Nutritional and allergen information disclosure
• Gift card purchase and redemption (where available)

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you or any third party. The availability of menu items, prices, and promotions may vary by location and are subject to change without prior notice.

Cafe Rio does not guarantee that the Website will be available at all times without interruption. We may perform maintenance, updates, or improvements to the Website that temporarily limit or restrict access. We will make reasonable efforts to notify users of planned downtime but are not obligated to do so.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account or placing an order
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use
• Use the Website and services only for lawful purposes and in compliance with all applicable local, state, and federal laws
• Comply with all applicable regulations related to food ordering, consumer protection, and electronic commerce
• Respect the intellectual property rights of Cafe Rio and third parties
• Promptly update your account information when it changes
• Accept sole responsibility for all activities that occur under your account

3.2 Prohibited Activities

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

• Using the Website for any unlawful, harmful, fraudulent, deceptive, or malicious purpose
• Attempting to gain unauthorized access to any portion of the Website, other user accounts, or related systems
• Submitting false, misleading, or fraudulent orders, information, or payment details
• Using automated tools, bots, scrapers, or similar technologies to access, monitor, or extract data from the Website without our express written consent
• Transmitting any viruses, malware, spyware, or other harmful code through the Website
• Interfering with or disrupting the integrity or performance of the Website or its underlying infrastructure
• Impersonating any person, entity, or Cafe Rio employee, agent, or representative
• Collecting or harvesting personal data of other users without their express consent
• Using our Website to send unsolicited commercial communications (spam)
• Reselling or redistributing our services, menu items, or any content from the Website for commercial gain without our prior written authorization
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Website
• Circumventing any technological measures we use to protect the Website or its content
• Using any promotional codes, coupons, or loyalty rewards fraudulently or in violation of their stated terms
• Violating any applicable local, state, or federal laws, including but not limited to consumer protection laws enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 45)

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

4. User Accounts

To access certain features of our Website, you may be required to register for an account. You agree to provide truthful, accurate, and complete registration information and to keep such information updated at all times. You are solely responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account.

You agree to notify Cafe Rio immediately at [email protected] of any unauthorized use of your account or any other security breach. Cafe Rio will not be liable for any loss or damage arising from your failure to protect your account credentials.

We reserve the right to terminate or suspend any account at our sole discretion, including accounts that violate these Terms or that we believe may harm our business, reputation, or other users.

5. Intellectual Property Rights

All content, materials, and information available on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, menus, recipes, branding, and the overall look and feel of the Website (collectively, "Content"), are the exclusive property of Cafe Rio or its content suppliers and are protected by United States and international intellectual property laws, including copyright laws under Title 17 of the United States Code, trademark laws under the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable trade dress protections.

Subject to your compliance with these Terms, Cafe Rio grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial purposes related to ordering food and using our services. This license does not include:

• The right to reproduce, distribute, publicly display, or create derivative works based on any Content without our prior written consent
• Any resale or commercial use of the Website or its Content
• Any collection and use of product listings, descriptions, or prices
• Any use of data mining, robots, or similar data gathering and extraction tools

Any unauthorized use of the Content may violate copyright, trademark, and other applicable laws and could result in civil and criminal penalties. The Cafe Rio name, logo, and related marks are trademarks of Cafe Rio. You may not use any of our trademarks without our prior written permission.

If you believe that any content on the Website infringes your intellectual property rights, please contact us at [email protected] with a detailed description of the claimed infringement. We will review your claim and take appropriate action in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

6. Payment Terms

Where online ordering or purchasing services are available through the Website, the following payment terms apply:

6.1 Pricing

All prices listed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Prices may vary by location. Sales tax and applicable fees will be added to your order total as required by law.

6.2 Payment Methods

We accept various forms of payment, which may include major credit cards, debit cards, digital wallets, and gift cards, as displayed at checkout. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

6.3 Order Confirmation

Your order is not confirmed until you receive an order confirmation from us. We reserve the right to cancel or refuse any order at our discretion, including orders that appear to be fraudulent or placed in violation of these Terms. In the event of a cancellation after payment is processed, we will issue a full refund to your original payment method.

6.4 Refund and Cancellation Policy

Our refund and cancellation policy is subject to the specific terms disclosed at the time of purchase or on our Website. Generally, once an order is prepared or in progress, cancellations may not be accepted. If you have a concern about a food order, please contact us at [email protected] and we will work to resolve the matter in a reasonable manner.

6.5 Promotional Offers

Promotional codes, discounts, and special offers are subject to their own specific terms and expiration dates. They may not be combined with other offers unless explicitly stated. We reserve the right to revoke any promotional offer in cases of suspected abuse or fraud.

7. Food Allergen and Nutritional Information

Cafe Rio provides nutritional and allergen information on its Website and in-store as a convenience to customers. However, our food is prepared in environments where allergens including, but not limited to, gluten, peanuts, tree nuts, dairy, eggs, soy, shellfish, and fish may be present. Cross-contamination is possible, and we cannot guarantee that any item is completely free from any specific allergen.

If you have a food allergy or dietary restriction, we strongly encourage you to speak directly with our staff before ordering. Cafe Rio shall not be liable for any adverse reactions resulting from undisclosed allergens or cross-contamination. Customers with severe food allergies assume the risk of consuming our products.

8. Disclaimers

8.1 As-Is Basis

THE WEBSITE AND ALL SERVICES, CONTENT, AND INFORMATION PROVIDED BY CAFE RIO ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAFE RIO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 No Warranty of Accuracy

CAFE RIO DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY INFORMATION PROVIDED ON THE WEBSITE, INCLUDING MENU ITEMS, PRICES, NUTRITIONAL INFORMATION, OR AVAILABILITY.

8.3 Third-Party Links

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 the content, privacy policies, or practices of any third-party websites and assume no responsibility for them. We encourage you to review the terms and privacy policies of any third-party websites you visit.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, IN NO EVENT SHALL CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• Your use of or inability to use the Website or services
• Any unauthorized access to or use of our servers or personal information stored therein
• Any interruption or cessation of transmission to or from the Website
• Any bugs, viruses, or other harmful code transmitted through the Website
• Any errors or omissions in the Content or for any loss incurred as a result of the use of any content posted or made available through the Website
• Any food consumed as a result of orders placed through the Website

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

IN ALL CASES, CAFE RIO'S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER THESE TERMS OR RELATED TO THE USE OF OUR WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO CAFE RIO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

10. Indemnification

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

• Your violation of these Terms of Service
• Your use of the Website or services in a manner not authorized by these Terms
• Your violation of any applicable local, state, or federal law, rule, or regulation
• Your infringement of any intellectual property or other rights of any third party
• Any false, inaccurate, or misleading information you submit through the Website
• Any misuse of promotional codes, rewards, or loyalty programs
• Any unauthorized access to or use of your account resulting from your failure to protect your credentials

Cafe Rio reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate fully with our defense of such claims. You agree not to settle any such matter without the prior written consent of Cafe Rio.

11. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws where Cafe Rio is registered and operates, without regard to its conflict of law provisions. Applicable federal laws include, but are not limited to:

• The Federal Trade Commission Act (15 U.S.C. § 45) governing unfair or deceptive acts and practices
• The Electronic Communications Privacy Act
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030)
• The Digital Millennium Copyright Act (17 U.S.C. § 512)
• All applicable state consumer protection statutes

For users located in California, additional rights may apply under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as well as California's Unfair Competition Law (Business & Professions Code § 17200 et seq.).

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 consent to personal jurisdiction and venue in such courts. You waive any objection to jurisdiction and venue in such courts.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal legal action, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the use of our services by contacting Cafe Rio directly at [email protected]. We will make good-faith efforts to respond to and resolve your concern within thirty (30) days of receipt of your written notice describing the dispute in reasonable detail.

12.2 Binding Arbitration

If a dispute cannot be resolved through informal negotiation within thirty (30) days, both parties agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Website, or our services shall be resolved through binding individual arbitration, rather than in court, except as set forth below. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

The arbitration shall be administered by a recognized arbitration institution, such as the American Arbitration Association (AAA), in accordance with its Commercial Arbitration Rules and Mediation Procedures (available at www.adr.org). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 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 parties agree otherwise, the arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

12.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, trade secrets, or confidential information.

13. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use our Website or services. Cafe Rio reserves the right, in its sole discretion, to suspend or terminate your access to the Website and all related services, immediately and without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms of Service
• Conduct that Cafe Rio believes is harmful to other users, third parties, or the business interests of Cafe Rio
• Conduct that Cafe Rio believes violates any applicable law or regulation
• Extended periods of account inactivity
• Requests by law enforcement or other governmental agencies
• Discontinuation or material modification of the Website or any service

You may terminate your use of the Website at any time by ceasing to access the Website and, where applicable, by closing your account by contacting us at [email protected].

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

14. Changes to Terms

Cafe Rio reserves the right, at its sole discretion, to modify, amend, update, or replace these Terms of Service at any time. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate or required by law, provide additional notice such as an email notification to registered account holders or a prominent notice on the Website.

Your continued use of the Website or services following the posting of any changes to these Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically to stay informed of any updates. If you do not agree to the modified Terms, you must discontinue use of our Website and services.

Notwithstanding the above, no changes to these Terms will apply retroactively to disputes that arose before the effective date of the updated Terms, unless required by applicable law.

15. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated herein by reference and forms part of these Terms. Our Privacy Policy describes how we collect, use, share, and protect your personal information. By using our Website, you consent to the data practices described in our Privacy Policy.

We comply with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents, and other applicable state and federal privacy regulations. For any privacy-related inquiries, please contact us at [email protected].

16. Electronic Communications

By using our Website and services and providing your contact information, you consent to receive electronic communications from Cafe Rio, including emails, text messages (where you have provided your mobile number and opted in), and notifications posted to your account or the Website. These communications may include order confirmations, promotional offers, account notifications, and service updates.

You acknowledge that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq.

You may opt out of marketing emails by following the unsubscribe link in any promotional email or by contacting us at [email protected]. Please note that opting out of marketing communications will not affect transactional or service-related communications related to your orders or account.

17. Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason by any court of competent jurisdiction or arbitrator, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. The remaining provisions of these Terms shall continue in full force and effect.

In such cases, the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable, while preserving the original intent of the parties to the greatest extent possible. The failure of Cafe Rio to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision.

18. Entire Agreement

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

No oral or written information or advice given by Cafe Rio, its agents, or employees shall create a warranty or otherwise expand the scope of these Terms. Any rights not expressly granted in these Terms are reserved by Cafe Rio.

19. Waiver

The failure of Cafe Rio to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Cafe Rio. No waiver shall be deemed a continuing waiver or a waiver of any other provision.

20. Force Majeure

Cafe Rio shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, war, terrorism, labor disputes, supply chain disruptions, power outages, internet service failures, or other circumstances beyond our reasonable control. In such events, Cafe Rio will make commercially reasonable efforts to resume operations as soon as practicable.

21. Accessibility

Cafe Rio is committed to making our Website accessible to all users, including individuals with disabilities, in accordance with the Americans with Disabilities Act (ADA) and applicable accessibility standards. If you experience any difficulty accessing our Website or need assistance, please contact us at [email protected] and we will work to provide you with the assistance or information you need.

22. Contact Information

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

We will make every effort to respond to your inquiry within a reasonable timeframe. For urgent matters relating to food safety, allergic reactions, or health concerns, please contact your local emergency services immediately.