Terms of Service

Please read these Terms of Service carefully before using the website located at cafevia313.rest or any services offered by Via 313. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Via 313 ("Company," "we," "us," or "our"), governing your access to and use of the website cafevia313.rest (the "Website") and all related services, products, content, and functionality offered by Via 313, including but not limited to online ordering, reservations, catering inquiries, and any other food-related services we provide (collectively, the "Services").

By accessing our Website, creating an account, placing an order, submitting any form, or otherwise interacting with our Services in any manner, you acknowledge that:

• You have read and understood these Terms in their entirety;
• You are at least 18 years of age, or you are accessing the Website under the supervision of a parent or legal guardian who agrees to these Terms on your behalf;
• You have the legal authority and capacity to enter into this Agreement;
• You agree to comply with all applicable federal, state, and local laws and regulations while using our Services.

If you are using our Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in that case, "you" and "your" will refer to such entity.

2. Description of Services

Via 313 is a food service business that provides customers with a range of dining, ordering, and catering experiences. Our Services include, but are not limited to:

• Dine-In Services: We welcome guests to enjoy meals at our physical location(s). Availability is subject to seating capacity, hours of operation, and applicable health and safety regulations.
• Online Ordering: We may offer online ordering for pickup or delivery through our Website or authorized third-party platforms. Orders are subject to availability and confirmation.
• Takeout and Delivery: Customers may place orders for takeout or delivery, subject to delivery radius limitations, minimum order amounts, and applicable fees.
• Catering Services: We may provide catering services for events, gatherings, and corporate functions. Catering arrangements are subject to separate agreements and deposit requirements.
• Gift Cards: We may offer gift cards for use toward purchases of our food and beverages, subject to applicable terms and conditions.
• Informational Content: Our Website provides general information about our menu, locations, hours, promotions, and other business-related content.
• Reservations: Where available, we may offer online or phone-based reservation services for dine-in experiences.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time and without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services. Menu items, prices, and availability are subject to change without notice.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your access to and use of our 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 of your account;
• Use our Website and Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations, including but not limited to laws related to food ordering, consumer protection, and data privacy;
• Treat our staff, representatives, and other customers with respect and courtesy at all times;
• Promptly pay for all orders, services, and fees incurred through your use of our Services;
• Notify us of any errors in your order before confirmation and as soon as reasonably possible after receiving an order.

3.2 Prohibited Activities

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

• Fraudulent Conduct: Placing orders with fraudulent payment information, using stolen credit cards or accounts, initiating unauthorized chargebacks, or engaging in any form of financial fraud;
• Harassment and Abuse: Harassing, threatening, intimidating, or abusing our staff, representatives, or other customers, whether in person, by phone, by email, or through any online platform;
• System Interference: Attempting to gain unauthorized access to our Website, systems, servers, or databases; introducing malware, viruses, or other harmful code; conducting denial-of-service attacks; or otherwise interfering with the proper functioning of our Website;
• Data Scraping: Using automated tools, bots, scrapers, or similar technologies to collect data from our Website without our express written permission;
• Impersonation: Impersonating Via 313, our employees, other customers, or any third party;
• Spam and Unsolicited Communications: Sending unsolicited commercial communications or spam to us or through our platform;
• Intellectual Property Violations: Copying, reproducing, distributing, or creating derivative works from our content, trademarks, logos, or other proprietary materials without our express written permission;
• False Reviews: Posting false, misleading, defamatory, or fabricated reviews or testimonials about our Services;
• Resale: Purchasing our products for the purpose of unauthorized resale or commercial exploitation;
• Illegal Activities: Using our Services in connection with any illegal activity or in violation of any applicable law or regulation.

Violation of any of the above prohibited activities may result in immediate termination of your access to our Services, reporting to appropriate law enforcement authorities, and/or legal action against you to the fullest extent permitted by law.

4. Intellectual Property Rights

4.1 Ownership

All content on our Website, including but not limited to text, graphics, photographs, images, videos, logos, trademarks, service marks, trade names, menus, recipes (to the extent disclosed), software, source code, and other materials (collectively, "Content"), is the exclusive property of Via 313 or our licensors and is protected by applicable United States and international intellectual property laws, including copyright, trademark, trade secret, and patent laws.

4.2 Limited License

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

• Copy, reproduce, or duplicate any portion of our Website or Content;
• Modify, adapt, translate, or create derivative works from our Content;
• Distribute, transmit, broadcast, or publicly display our Content;
• Sell, sublicense, rent, or otherwise commercially exploit our Content;
• Remove or alter any copyright, trademark, or other proprietary notices.

4.3 Trademarks

The name "Via 313," our logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Via 313 or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

4.4 User-Submitted Content

If you submit, post, or otherwise provide any content to us, including reviews, photographs, comments, or feedback ("User Content"), you grant Via 313 a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our business and marketing activities. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not infringe the rights of any third party.

5. Payment Terms

5.1 Pricing

All prices for our food, beverages, and services are displayed in United States Dollars (USD) and are subject to change without notice. Prices displayed on our Website are current at the time of display but may differ from in-store prices. We reserve the right to correct any pricing errors, and in the event of a pricing error, we will notify you and give you the option to confirm your order at the correct price or cancel.

5.2 Payment Methods

We accept various forms of payment, which may include major credit cards (Visa, Mastercard, American Express, Discover), debit cards, digital wallets, and other payment methods as indicated on our Website or at our physical location. By providing payment information, you represent and warrant that you are authorized to use the payment method provided.

5.3 Order Confirmation and Processing

An order is not confirmed until you receive an explicit order confirmation from us. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or product information, or suspected fraud. If your order is cancelled after payment has been processed, we will issue a refund using the original payment method.

5.4 Taxes

All applicable federal, state, and local sales taxes, use taxes, and other governmental charges will be added to your order total as required by law. You are responsible for the payment of all such taxes and charges.

5.5 Refunds and Returns

Due to the perishable nature of food products, all sales are generally final. However, if you receive an incorrect order, or if there is a quality issue with your food, please contact us immediately at [email protected]. We will review your concern and, at our sole discretion, may offer a replacement, store credit, or refund. We are committed to customer satisfaction and will make reasonable efforts to resolve legitimate complaints promptly.

5.6 Catering Deposits

Catering orders may require a non-refundable deposit at the time of booking. Specific deposit amounts, payment schedules, and cancellation policies for catering services will be provided in a separate catering agreement. Cancellations made within a specified period prior to the event date may result in forfeiture of the deposit and/or additional cancellation fees.

6. Disclaimers

6.1 "As-Is" Basis

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIA 313 EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Warranty of Accuracy

We do not warrant that the information on our Website is accurate, complete, reliable, current, or error-free. Menu items, ingredients, nutritional information, pricing, and availability are subject to change without notice. While we make reasonable efforts to keep our Website updated, we cannot guarantee that all information is current at all times.

6.3 Allergen Disclaimer

Our food is prepared in a kitchen that may handle common allergens, including but not limited to gluten, dairy, eggs, nuts, peanuts, soy, fish, and shellfish. Cross-contamination may occur. If you have food allergies or dietary restrictions, it is your responsibility to inform our staff before placing your order. We cannot guarantee that our products are free from any specific allergen. Via 313 shall not be liable for any allergic reactions or adverse health effects resulting from consumption of our food products.

6.4 Third-Party Services

Our Website may contain links to third-party websites or services, including third-party food delivery platforms. We do not endorse, control, or assume responsibility for any third-party content, services, or privacy practices. Your use of third-party platforms is subject to their respective terms and conditions and privacy policies.

6.5 Service Availability

We do not guarantee uninterrupted or error-free operation of our Website. We reserve the right to suspend or terminate the Website at any time for maintenance, updates, or any other reason. We shall not be liable for any interruption, suspension, or unavailability of our Website or Services.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIA 313, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF, OR INABILITY TO USE, OUR WEBSITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH OUR SERVICES;
• ANY CONTENT OBTAINED FROM OUR SERVICES;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF VIA 313 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

IN ANY EVENT, VIA 313'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO VIA 313 IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

8. Indemnification

You agree to defend, indemnify, and hold harmless Via 313, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of or access to our Website or Services;
• Your violation of these Terms of Service;
• Your violation of any applicable law, regulation, or third-party right, including intellectual property rights or privacy rights;
• Any User Content you submit, post, or transmit through our Website;
• Your fraudulent, negligent, or willful misconduct;
• Any claim by a third party arising out of your actions or omissions in connection with our Services.

We reserve the right, at our 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 us in asserting any available defenses. You agree not to settle any such matter without our prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or relating to them or our Services shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which Via 313 is registered and operates, without regard to its conflict of law provisions.

To the extent that any dispute is not subject to arbitration as set forth in Section 10, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the applicable jurisdiction of Via 313's principal place of business in the United States. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Our Services are intended for use within the United States. We make no representations that our Services are appropriate or available for use in locations outside the United States. Those who choose to access our Services from outside the United States do so at their own risk and are responsible for compliance with local laws.

These Terms of Service are also subject to applicable federal laws, including but not limited to the Federal Trade Commission Act (FTC Act) concerning unfair or deceptive acts or practices in commerce, and where applicable, the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for customers located in California.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Via 313 directly and attempt to resolve the dispute informally. Please send a written description of your dispute to [email protected] with the subject line "Dispute Notice." We will attempt to resolve the dispute informally within thirty (30) days of receipt of your notice. If the dispute is not resolved within that period, either party may proceed with formal dispute resolution as set forth below.

10.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR TO THE USE OF OUR SERVICES, SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You understand that, absent this mandatory arbitration provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery and to appeal may be limited in arbitration.

10.3 Class Action Waiver

YOU AND VIA 313 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 OR REPRESENTATIVE ACTION. Unless both you and Via 313 agree in writing, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

10.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes that qualify under applicable small claims court rules and jurisdictional limits.

10.5 Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND VIA 313 WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. YOU AND VIA 313 ARE INSTEAD ELECTING TO HAVE CLAIMS AND DISPUTES RESOLVED BY ARBITRATION.

11. Term and Termination

11.1 Term

These Terms of Service are effective as of the date you first access our Website or Services and shall remain in full force and effect for as long as you continue to use our Website or Services, unless terminated earlier in accordance with these Terms.

11.2 Termination by You

You may terminate your relationship with Via 313 under these Terms at any time by discontinuing your use of our Website and Services, and, if applicable, by closing your account. Termination does not relieve you of any obligations incurred prior to termination, including payment for orders already placed.

11.3 Termination by Via 313

We reserve the right, in our sole discretion, to terminate, suspend, or restrict your access to our Website or Services at any time, with or without cause, with or without notice, effective immediately. Grounds for termination may include, but are not limited to:

• Violation of these Terms of Service or any applicable law;
• Fraudulent, abusive, or illegal conduct;
• Non-payment for services rendered;
• Requests by law enforcement or governmental authorities;
• Circumstances beyond our reasonable control.

11.4 Effect of Termination

Upon termination, your right to use our Website and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, payment obligations, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

12. Changes to Terms

Via 313 reserves the right to modify, update, or revise these Terms of Service at any time and at our sole discretion. We will indicate the date of the most recent update at the top of this page. Changes will be effective immediately upon posting to our Website unless otherwise specified.

We may, but are not obligated to, provide notice of material changes through our Website, by email, or through other reasonable means. Your continued use of our Website or Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately discontinue your use of our Website and Services.

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

13. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unenforceable, or in conflict with any applicable law or regulation, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect. The invalidity or unenforceability of any particular provision shall not affect the validity or enforceability of any other provision of these Terms.

If any provision is deemed invalid or unenforceable, the parties agree that the court or arbitrator shall modify such provision to the minimum extent necessary to make it valid and enforceable, while preserving the original intent of the parties to the greatest extent possible.

14. Additional Provisions

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on our Website, constitute the entire agreement between you and Via 313 with respect to your use of our Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

14.2 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if it is in writing and signed by an authorized representative of Via 313. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.

14.3 Force Majeure

Via 313 shall not be liable for any failure or delay in the performance of its obligations 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, epidemics, government actions, war, terrorism, labor disputes, supply chain disruptions, power outages, or failures of third-party service providers.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Via 313 may freely assign or transfer its rights and obligations under these Terms without restriction or notice, including in connection with a merger, acquisition, sale of assets, or operation of law. These Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

14.5 Headings

Section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

14.6 Electronic Communications

By using our Website or Services, you consent to receive electronic communications from Via 313, including but not limited to order confirmations, receipts, promotional materials, and notices. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

14.7 Accessibility

Via 313 is committed to making our Website accessible to individuals with disabilities to the extent reasonably practicable. If you experience difficulty accessing any portion of our Website, please contact us so we can assist you.

14.8 Children's Use

Our Website and Services are not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe your child has provided us with personal information, please contact us immediately at [email protected].

15. Contact Information

If you have any questions, concerns, or feedback about these Terms of Service, or if you wish to report a violation, please contact Via 313 using the following information:

We will make every reasonable effort to respond to your inquiries within a timely manner. For urgent matters relating to food safety or health concerns, please also contact your local health department or appropriate regulatory authority.