Terms of Service

Please read these Terms of Service carefully before using the website located at caferio-pizza.click (the "Site") or any services offered by Cafe Rio ("Company," "we," "us," or "our"). By accessing or using our Site and services, you agree to be legally bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Site and all associated services.

1. Acceptance of Terms

By visiting, browsing, registering an account on, placing an order through, or otherwise using the Site at caferio-pizza.click, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable federal, state, and local laws and regulations of the United States of America. These Terms constitute a legally binding agreement between you and Cafe Rio.

Your continued use of the Site after any modifications to these Terms constitutes your acceptance of the revised Terms. If you are using our Site on behalf of an organization, company, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and in that case, "you" and "your" will refer to that entity.

You must be at least eighteen (18) years of age to use this Site and to place orders for our food products and services. By using this Site, you represent and warrant that you are at least 18 years old. If you are under 18, you may only use this Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Cafe Rio operates as a food service business located in the United States. Through the Site at caferio-pizza.click, we offer the following services and features:

• Online Menu Browsing: Users may view our current menu offerings, including food items, pricing, nutritional information (where provided), and available customizations.
• Online Ordering: Users may place food orders for pickup or delivery, subject to availability and our operational hours.
• Delivery Services: We may offer direct delivery services within designated geographic areas, or facilitate delivery through third-party delivery partners.
• Account Registration: Users may create personal accounts to save preferences, track orders, manage payment information, and access loyalty benefits.
• Promotions and Loyalty Programs: From time to time, we may offer promotional discounts, coupons, loyalty rewards, or special offers available through the Site.
• Customer Support: We provide customer support accessible via email at [email protected] to assist with order inquiries, feedback, and complaints.
• Catering Services: We may offer catering options for events and large group orders, subject to separate terms and availability.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Availability of menu items, pricing, and delivery zones may vary by location and are subject to change without prior notice. All orders are subject to acceptance by Cafe Rio, and we reserve the right to refuse or cancel any order at our sole discretion.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when registering an account or placing orders.
• Maintain the security and confidentiality of your account credentials and notify us immediately at [email protected] of any unauthorized access or suspected breach.
• Use the Site and services solely for lawful purposes and in compliance with all applicable federal, state, and local laws, including but not limited to consumer protection laws enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 41 et seq.).
• Accurately describe any food allergies, dietary restrictions, or special requirements when placing orders, understanding that Cafe Rio will make reasonable efforts to accommodate but cannot guarantee the complete absence of allergens in its food preparation environment.
• Ensure that you are present or have an authorized representative present to receive delivery orders at the designated delivery address.
• Pay all amounts owed for orders placed through the Site, including applicable taxes and delivery fees.
• Comply with all applicable export and import control laws if any digital content or information is accessed through the Site.

3.2 Prohibited Activities

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

• Fraudulent Activity: Using false identities, stolen payment information, or engaging in any form of fraud, deception, or misrepresentation in connection with your use of our services.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Site, other user accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means.
• Malicious Code: Uploading, transmitting, or distributing any viruses, malware, ransomware, spyware, or other harmful computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
• Scraping and Automated Access: Using automated tools, bots, scrapers, crawlers, or similar data collection or extraction methods to access the Site without our prior written permission.
• Interference: Interfering with, disrupting, or creating an undue burden on the Site or the servers or networks connected to the Site.
• Harassment: Harassing, abusing, threatening, or intimidating any employee, representative, or other user of Cafe Rio.
• Illegal Use: Using the Site or services for any illegal purpose, including but not limited to money laundering, financing of terrorism, or any other criminal activity.
• Misrepresentation: Impersonating any person or entity, including Cafe Rio employees, or falsely representing your affiliation with any person or entity.
• Unauthorized Commercial Use: Reselling, sublicensing, or otherwise exploiting any portion of the Site or our services for commercial purposes without our express written consent.
• Intellectual Property Infringement: Copying, reproducing, distributing, publicly displaying, or creating derivative works from any content on the Site without our express written permission.
• Circumvention: Attempting to circumvent any technological protection measures implemented on the Site.

Violation of any of the above prohibited activities may result in immediate termination of your account, reporting to law enforcement authorities, and potential civil or criminal liability.

4. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, menu designs, software, and the compilation thereof (collectively, "Content"), is the property of Cafe Rio or its content suppliers and is protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable trade secret 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. 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.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for your personal, non-commercial purposes in connection with our food services. This license does not include the right to:

• Modify or copy any materials from the Site.
• Use any materials for commercial purposes or public display.
• Remove any copyright, trademark, or other proprietary notations from any materials.
• Transfer materials to another person or "mirror" the materials on any other server.

Any unauthorized use of our intellectual property will constitute a material breach of these Terms and may violate copyright, trademark, and other applicable laws. Cafe Rio reserves all rights not expressly granted in these Terms.

If you believe that any Content on the Site infringes upon your intellectual property rights, please contact us at [email protected] with sufficient information to allow us to investigate and address your claim in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms

5.1 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices displayed at the time you place your order will apply to that order. Applicable sales taxes will be calculated and added to your order total at checkout based on your delivery or pickup location and applicable state and local tax laws.

5.2 Payment Methods

We accept payment through various methods as displayed on the Site at the time of checkout, which may include major credit cards, debit cards, and other electronic payment methods. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the total order amount to that payment method.

5.3 Order Confirmation

An order confirmation will be sent to your registered email address upon successful placement of an order. This confirmation does not constitute our acceptance of your order. We reserve the right to refuse, cancel, or limit any order for any reason, including but not limited to product availability, errors in pricing or product descriptions, or concerns regarding fraud or unauthorized activity.

5.4 Refunds and Cancellations

Our refund and cancellation policy is as follows:

• Orders may be cancelled within a limited time after placement, as specified during the ordering process. Once food preparation has begun, cancellations may not be possible.
• If you receive an incorrect or defective order, please contact us immediately at [email protected]. We will assess each situation on a case-by-case basis and may offer a replacement, store credit, or refund at our discretion.
• Refunds, if applicable, will be processed to the original payment method within seven (7) to ten (10) business days.
• Delivery fees are generally non-refundable unless the error or issue was caused by Cafe Rio.

5.5 Promotional Offers

Promotional discounts, coupons, and special offers are subject to their own specific terms and conditions. Only one promotional offer may be applied per order unless otherwise specified. We reserve the right to modify or terminate promotional offers at any time without notice.

6. Disclaimers and "As-Is" Basis

THE SITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED 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 PERMISSIBLE UNDER APPLICABLE 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. WE MAKE NO WARRANTY THAT:

• THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
• THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
• THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
• ANY ERRORS IN THE SITE WILL BE CORRECTED;
• THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

With respect to food products and services specifically, Cafe Rio disclaims all warranties regarding:

• Nutritional accuracy of information provided, which is based on standard recipes and may vary due to ingredient sourcing, preparation methods, and other factors.
• The complete absence of allergens, including common allergens such as gluten, dairy, nuts, soy, eggs, and shellfish, as our kitchen environment may involve cross-contact.
• Delivery times, which are estimates only and may be affected by factors outside our control including traffic, weather, and demand.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, Cafe Rio's warranties are limited to the minimum warranty protection required by applicable law.

7. Limitation of Liability

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

• YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED THROUGH THE SITE BY ANY THIRD PARTY;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING MENU INFORMATION, NUTRITIONAL DATA, OR PRICING;
• ANY FOOD PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING ANY ADVERSE HEALTH REACTIONS, ALLERGIC RESPONSES, OR FOODBORNE ILLNESS, EXCEPT WHERE SUCH LIABILITY ARISES FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
• THIRD-PARTY CONDUCT OR CONTENT.

IN NO EVENT SHALL CAFE RIO'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO CAFE RIO IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CAFE RIO AND YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, successors, and assigns 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 Site or services in a manner not authorized by these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement of any intellectual property or other rights of any person or entity;
• Your negligent, reckless, or intentionally wrongful conduct;
• Any false, inaccurate, or misleading information provided by you;
• Your violation of any third party's rights, including privacy rights, publicity rights, or proprietary rights;
• Any dispute between you and any third party in connection with your use of our services.

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

9. 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 applicable state law, without giving effect to any principles of conflicts of law.

Any legal action or proceeding arising under or relating to these Terms, the Site, or our services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

Cafe Rio operates in compliance with all applicable United States federal laws, including but not limited to:

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Cafe Rio informally by sending a written description of your dispute, claim, or concern to [email protected]. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If we are unable to resolve the dispute within that period, either party may proceed to binding arbitration as described below.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU AND CAFE RIO AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SITE OR SERVICES SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

Arbitration shall be conducted by a nationally recognized arbitration organization, such as the American Arbitration Association (AAA), under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes, as modified by these Terms. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

The arbitrator shall have authority to award any relief that a court of competent jurisdiction could order, including monetary damages, injunctive relief, and declaratory relief, but shall not have authority to award punitive or exemplary damages except as permitted by applicable law.

10.3 Class Action Waiver

YOU AND CAFE RIO AGREE THAT EACH PARTY 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, 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 a party's intellectual property rights or confidential information. Small claims court actions may also be pursued if the dispute falls within the jurisdiction of such a court.

10.5 Time Limitation on Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Site or maintain an account with Cafe Rio. We reserve the right, in our sole discretion, to:

• Suspend or terminate your account and access to the Site and services immediately, without prior notice or liability, for any reason, including but not limited to your breach of these Terms;
• Remove or disable access to any content you have submitted to the Site;
• Refuse service to any user for any lawful reason;
• Temporarily or permanently shut down the Site or any portion thereof.

Upon termination of your account or access:

• Your right to use the Site and services will immediately cease.
• Any orders in process at the time of termination may be fulfilled, cancelled, or refunded at our sole discretion.
• Provisions of these Terms which by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification, limitation of liability, dispute resolution, and governing law provisions.

You may terminate your account at any time by contacting us at [email protected] or through the account settings on the Site. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment for any orders placed.

12. Changes to Terms

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

• Posting the updated Terms on this page with a revised "Last Updated" date;
• Sending an email notification to registered users at the email address associated with your account; and/or
• Displaying a prominent notice on the Site.

Your continued use of the Site or services following the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must immediately stop using the Site and services and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed of any updates. The date at the top of this page indicates when these Terms were last revised.

For changes that materially affect your rights, we will make commercially reasonable efforts to provide at least thirty (30) days' advance notice before the new terms take effect. However, changes made for legal, regulatory, or security reasons may take effect immediately.

13. Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Cafe Rio, including but not limited to third-party payment processors, delivery platforms, and social media networks. Cafe Rio has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

We strongly advise you to review the terms and privacy policies of any third-party sites or services that you visit. Your interaction with any third-party website or service is solely between you and such third party, and we shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services.

14. Food Safety and Allergen Notice

Cafe Rio is committed to food safety and quality. However, users should be aware of the following important information:

• Menu items and ingredients may change without notice. Always review current ingredient information before ordering if you have dietary restrictions or allergies.
• Nutritional information provided on the Site is approximate and may vary based on preparation methods and ingredient sourcing.
• Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase the risk of foodborne illness. Cafe Rio follows applicable food safety regulations, including those established under the Food Safety Modernization Act.
• If you experience any adverse reaction to our food products, please seek medical attention immediately and notify us at [email protected].

15. Severability

If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable under applicable law by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of these Terms, and all other provisions shall remain in full force and effect.

The failure of Cafe Rio to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any default shall not constitute a waiver of any subsequent default. All waivers must be in writing and signed by an authorized representative of Cafe Rio to be effective.

16. 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 concerning the Site and our services and supersede all prior and contemporaneous agreements, proposals, representations, or understandings, whether oral or written, relating to the subject matter hereof.

In the event of any conflict between these Terms and any other agreement you may have with Cafe Rio, these Terms shall govern unless the other agreement specifically and expressly supersedes these Terms with respect to the subject matter in conflict.

17. Force Majeure

Cafe Rio shall not be liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government restrictions, war, civil unrest, labor disputes, power outages, internet service disruptions, or supply chain failures. In such circumstances, Cafe Rio will use commercially reasonable efforts to resume performance as soon as practicable.

18. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your account, our food products, or our services, please do not hesitate to contact us using the following information:

We aim to respond to all inquiries within three (3) to five (5) business days. For urgent matters related to food safety or health concerns, please contact your local emergency services immediately in addition to reaching out to us.