Terms of Service

Please read these Terms of Service carefully before using the website cafevia313.click or any services offered by Via 313. By accessing or using our website and services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must 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 located at cafevia313.click (the "Site"), as well as any related services, features, content, applications, and functionality offered by Via 313 (collectively, the "Services").

By accessing the Site, placing an order, making a reservation, submitting any information, or otherwise interacting with our Services in any manner, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or if you are between the ages of 13 and 17, you are accessing the Site with the knowledge, consent, and supervision of a parent or legal guardian who agrees to these Terms on your behalf;
• You have the legal capacity and authority to enter into this Agreement;
• Your use of the Services does not violate any applicable law or regulation.

If you are using the Services on behalf of a business entity or organization, you represent and warrant that you have the authority to bind such entity to these Terms, and these Terms will be binding on that entity. In such cases, "you" and "your" will also refer to that entity.

Via 313 reserves the right to modify, update, or replace these Terms at any time at its sole discretion. Continued use of the Site or Services following the posting of any changes constitutes your acceptance of those changes. We encourage you to review these Terms periodically.

2. Description of Services

Via 313 is a food service business operating in the United States. Our Services include, but are not limited to, the following:

• Food and Beverage Sales: We offer a variety of food and beverage items for dine-in, takeout, and/or delivery, subject to availability and operational hours.
• Online Ordering: We may offer the ability to place food orders through our website or third-party platforms integrated with our Services.
• Reservations: We may offer table reservation capabilities through our website or affiliated platforms.
• Catering and Special Events: We may offer catering services and special event arrangements as described on our Site.
• Informational Content: We provide menus, promotional information, business hours, location details, and other relevant content to our customers through the Site.
• Customer Support: We offer customer support via email at [email protected] to assist with inquiries, feedback, and complaints.
• Promotions and Loyalty Programs: We may, from time to time, offer promotional deals, discounts, coupons, or loyalty programs, which are subject to additional terms and conditions as disclosed at the time of the offer.

The availability of any particular service may vary based on your geographic location, time of day, and other operational factors. Via 313 reserves the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice or liability to you.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your access to and use of the Services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, making a reservation, or otherwise submitting data through the Site;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use of your account;
• Use the Services only for lawful purposes and in a manner consistent with these Terms and all applicable federal, state, and local laws and regulations;
• Respect the intellectual property rights of Via 313 and third parties;
• Comply with all applicable food safety and health guidelines when receiving or consuming food products;
• Pay all charges, fees, and taxes associated with your use of the Services promptly and in full;
• Review all allergy and dietary information provided for menu items and notify Via 313 of any dietary restrictions or allergies before placing your order.

3.2 Prohibited Activities

You agree that you will NOT:

• Use the Site or Services for any fraudulent, deceptive, or unlawful purpose;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to Via 313;
• Engage in any automated data collection, scraping, mining, or harvesting of content from the Site without our express written consent;
• Transmit or introduce any viruses, malware, spyware, ransomware, Trojan horses, worms, or other harmful code into the Site or our systems;
• Use any robot, spider, crawler, or other automated device to access the Site in a manner that sends more requests to our servers than a human could reasonably produce in the same time period;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software associated with the Site;
• Post, transmit, or distribute any content that is defamatory, obscene, harassing, abusive, threatening, or otherwise objectionable;
• Use the Services to place fraudulent, false, or bad-faith orders;
• Attempt to circumvent any pricing, promotions, or discount programs in a manner not intended by Via 313;
• Interfere with or disrupt the integrity or performance of the Site or the data contained therein;
• Collect or harvest personal information of other users without their consent;
• Resell or commercially exploit any part of the Services without our express written permission;
• Violate any applicable federal, state, or local law, rule, or regulation in connection with your use of the Services.

Violation of any of the above prohibited activities may result in the immediate suspension or termination of your access to the Services, and may also result in civil or criminal liability. Via 313 reserves the right to investigate and take appropriate legal action against anyone who, in Via 313's sole discretion, violates this provision.

4. Intellectual Property Rights

All content, materials, and information available on or through the Site — including but not limited to text, graphics, logos, images, photographs, menu designs, recipes (to the extent disclosed), audio and video clips, data compilations, software, and the overall look and feel of the Site — are the exclusive property of Via 313 or its licensors and are protected by United States copyright, trademark, trade dress, patent, and other applicable intellectual property laws.

The Via 313 name, logo, and all related marks, names, and slogans are trademarks or service marks of Via 313. You may not use any of Via 313's trademarks without our prior written consent. All other trademarks appearing on the Site are the property of their respective owners.

Subject to your compliance with these Terms, Via 313 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for your personal, non-commercial use in connection with our Services. This license does not include:

• Any resale or commercial use of the Site or its contents;
• Any collection and use of product listings, descriptions, or prices;
• Any derivative use of the Site or its contents;
• Any downloading or copying of account information for the benefit of another merchant or entity;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Site or its contents will terminate the limited license granted by Via 313 and may violate copyright, trademark, and other laws. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Site or any portion of the Site for any commercial purpose without our express written consent.

If you submit any feedback, suggestions, ideas, comments, questions, or other information to Via 313 ("User Submissions"), you grant Via 313 a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Submissions in any media. You represent and warrant that you own or otherwise control all rights to such User Submissions and that the use of such content will not infringe upon or violate the rights of any third party.

5. Payment Terms

5.1 Pricing and Payment

All prices displayed on the Site are in United States Dollars (USD) and are subject to applicable sales tax as required by federal, state, and local law. Via 313 reserves the right to change prices at any time without prior notice. The price charged for a product or service will be the price advertised at the time your order is placed, subject to the terms of any applicable promotions.

5.2 Payment Methods

We accept various forms of payment, including major credit cards, debit cards, and other payment methods as may be indicated at checkout. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Via 313 to charge your payment method for the total amount of your order, including applicable taxes and fees.

5.3 Order Confirmation

Receipt of an order confirmation does not constitute acceptance of an order. Via 313 reserves the right to accept or decline any order for any reason, including but not limited to product unavailability, errors in product or pricing information, or suspected fraudulent activity. If an order is declined after payment has been processed, Via 313 will issue a refund using the original payment method.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order is confirmed and preparation has begun. Refund or cancellation requests may be considered on a case-by-case basis at Via 313's sole discretion, particularly in cases of incorrect orders, food quality issues, or other extenuating circumstances. Please contact us at [email protected] as soon as possible if you have concerns about your order.

5.5 Taxes

You are responsible for all applicable taxes associated with your purchase. Via 313 will collect and remit applicable sales taxes as required by law.

6. Food Safety, Allergens, and Dietary Information

Via 313 makes reasonable efforts to provide accurate information regarding ingredients, allergens, and nutritional content. However, due to the nature of food preparation environments, we cannot guarantee that any menu item is completely free from allergens including, but not limited to, gluten, dairy, eggs, nuts, tree nuts, shellfish, fish, soy, or wheat.

It is your responsibility to review allergen and ingredient information before placing an order. If you have severe food allergies or dietary restrictions, we strongly encourage you to contact us directly at [email protected] before ordering to discuss your needs. Via 313 is not liable for any adverse reactions, health consequences, or injuries arising from consumption of our food and beverage products if you have failed to disclose known allergies or dietary restrictions.

7. Disclaimers

7.1 As-Is Basis

THE SITE AND ALL SERVICES, CONTENT, FEATURES, AND FUNCTIONALITY PROVIDED BY VIA 313 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, VIA 313 EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE SITE.

7.2 Third-Party Content and Links

The Site may contain links to third-party websites, applications, or services. These links are provided for your convenience only. Via 313 has no control over the content, privacy practices, or availability of such third-party sites and does not endorse or make any representations about them. Your access to and use of any third-party sites is at your own risk and subject to the terms and conditions of those sites.

7.3 Accuracy of Information

While Via 313 endeavors to keep information on the Site accurate and up to date, we do not guarantee the accuracy, completeness, or current nature of any content, including menu items, prices, hours of operation, or promotional offers. Via 313 reserves the right to correct any errors or omissions on the Site at any time without notice or liability.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING BUT NOT LIMITED TO THE FEDERAL TRADE COMMISSION ACT AND APPLICABLE CONSUMER PROTECTION STATUTES, VIA 313, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES;
• DAMAGES RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES RESULTING FROM ANY THIRD-PARTY CONDUCT OR CONTENT ON THE SITE;
• DAMAGES RESULTING FROM ANY FOOD PRODUCT CONSUMED, INCLUDING ALLERGIC REACTIONS, FOOD-BORNE ILLNESS, OR OTHER HEALTH CONSEQUENCES, WHERE SUCH DAMAGES ARISE FROM A FAILURE TO DISCLOSE KNOWN ALLERGIES OR MEDICAL CONDITIONS;

EVEN IF VIA 313 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL VIA 313'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU PAID TO VIA 313 IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so some of the above limitations may not apply to you to the extent prohibited by law. In such cases, Via 313's liability shall be limited to the fullest extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Via 313, its affiliates, subsidiaries, and each of their respective owners, officers, directors, employees, agents, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of the Site or Services in violation of these Terms;
• Your violation of any applicable federal, state, or local law, rule, or regulation;
• Your infringement of any intellectual property or other rights of any person or entity;
• Your User Submissions or any content you provide to Via 313;
• Your fraud, misrepresentation, or willful misconduct;
• Your failure to disclose known food allergies or dietary restrictions that result in an adverse health outcome;
• Any dispute between you and any other user of the Services;
• Your breach of any representations or warranties made by you in these Terms.

Via 313 reserves the right, at its own expense, to assume exclusive control over any matter otherwise subject to indemnification by you, in which case you will cooperate fully with Via 313 in asserting any available defense. You will not settle any claim subject to this indemnification without Via 313's prior written consent.

10. Privacy Policy

Your use of the Site and Services is also governed by Via 313's Privacy Policy, which is incorporated into these Terms by this reference. The Privacy Policy describes how we collect, use, disclose, and protect your personal information. By using our Services, you consent to the collection and use of your personal information as described in our Privacy Policy. If you are a resident of California, the California Consumer Privacy Act (CCPA) and its amendments under the California Privacy Rights Act (CPRA) may provide you with additional rights regarding your personal information. Please review our Privacy Policy for more details.

11. Governing Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services (including any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Via 313 is principally located, without regard to its conflict of law provisions or your actual state or country of residence.

To the extent any dispute is not subject to binding arbitration as described in Section 12 below, you agree that such dispute shall be subject to the exclusive jurisdiction of the state and federal courts located within the principal jurisdiction of Via 313's operations, and you consent to personal jurisdiction in such courts. You waive any objection to the laying of venue in such courts and waive any objection that such courts constitute an inconvenient forum.

Nothing in this Section shall limit Via 313's right to seek injunctive or other equitable relief in any court of competent jurisdiction.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal legal proceedings, Via 313 encourages you to contact us first by emailing [email protected] with a description of the dispute and the relief you are seeking. We will attempt in good faith to resolve any dispute informally within thirty (30) days of receiving your notice.

12.2 Binding Arbitration

If informal resolution is unsuccessful, and except as provided in Section 12.4 below, you and Via 313 agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services through binding individual arbitration rather than in court. This agreement to arbitrate is intended to be broadly interpreted and includes all claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.

The arbitration shall be conducted by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in English and, unless otherwise agreed by the parties, shall take place in the principal location of Via 313's operations or via remote proceedings. 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 VIA 313 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN 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 and may not preside over any form of a representative or class proceeding.

12.4 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 intellectual property rights or confidential information. Small claims court actions, where eligible, are also excluded from the arbitration requirement.

12.5 Waiver of Jury Trial

FOR ANY CLAIMS NOT SUBJECT TO ARBITRATION, YOU AND VIA 313 EACH VOLUNTARILY AND KNOWINGLY WAIVE THE RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13. Term and Termination

13.1 Term

These Terms shall remain in full force and effect for as long as you access or use the Site or Services, or maintain an account with Via 313.

13.2 Termination by You

You may terminate your use of the Services at any time by ceasing to access the Site and, if applicable, by closing your account. Termination of your account does not relieve you of any obligations to pay outstanding amounts owed to Via 313 or any liabilities arising prior to termination.

13.3 Termination by Via 313

Via 313 reserves the right, in its sole discretion, to suspend or terminate your access to the Site and Services at any time and for any reason, including but not limited to:

• Your violation of any provision of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Requests from law enforcement or government agencies;
• Extended periods of inactivity;
• Discontinuation of the Services or any portion thereof;
• Unexpected technical or security issues.

13.4 Effect of Termination

Upon termination of these Terms for any reason: (a) the license granted to you under these Terms will immediately terminate; (b) you must cease all use of the Site and Services; and (c) provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4 (Intellectual Property Rights), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 11 (Governing Law and Jurisdiction), 12 (Dispute Resolution), and 14 (Severability).

14. Changes to Terms

Via 313 reserves the right to modify, amend, or update these Terms at any time at its sole and absolute discretion. When we make changes, we will update the "Last Updated" date at the top of this page. We may also, at our option, provide additional notice of material changes via email to the address associated with your account or through a prominent notice on the Site.

Your continued access to or use of the Site or Services after the effective date of any revised Terms constitutes your acceptance of and agreement to be bound by the revised Terms. If you do not agree to the revised Terms, your sole and exclusive remedy is to discontinue your use of the Site and Services. We encourage you to review these Terms frequently to stay informed of the latest terms and conditions governing your use of our Services.

15. Severability

If any provision of these Terms is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or void for any reason, such provision shall be deemed modified to the minimum extent necessary to make it enforceable. If such modification is not possible, the invalid or unenforceable provision shall be severed from these Terms, and the remaining provisions of these Terms shall continue in full force and effect as if the invalid or unenforceable provision had never been included.

The invalidity or unenforceability of any provision of these Terms in any jurisdiction shall not affect the validity or enforceability of any other provision of these Terms in that jurisdiction, or the validity or enforceability of that provision or any other provision in any other jurisdiction.

16. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Via 313 on the Site, constitute the entire agreement between you and Via 313 with respect to your use of the Site and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, between you and Via 313 regarding your use of the Site and Services.

No waiver by Via 313 of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Via 313 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Assignment

You may not assign, delegate, or transfer these Terms, any rights or licenses granted hereunder, or any of your obligations under these Terms, whether by operation of law or otherwise, without Via 313's prior written consent. Any attempted assignment in violation of this provision shall be null and void. Via 313 may freely assign these Terms, and its rights and obligations hereunder, without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

18. Force Majeure

Via 313 shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by circumstances beyond Via 313's reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic events, civil unrest, labor disputes, governmental actions, supply chain disruptions, power outages, internet failures, or other events of force majeure. In such events, Via 313's obligations will be suspended for the duration of the force majeure event.

19. Electronic Communications and Notices

By using the Site or Services and providing your contact information, you consent to receive electronic communications from Via 313, including but not limited to order confirmations, promotional communications, and notices regarding changes to our Terms or policies. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of promotional communications at any time by following the unsubscribe instructions in those communications or by contacting us directly.

Notices from you to Via 313 must be sent to the contact information below and will be deemed given when received. Notices from Via 313 to you may be sent to your email address on record and will be deemed given when sent.

20. Contact Information

If you have any questions, concerns, complaints, or feedback regarding these Terms of Service or our Services, please do not hesitate to contact us. We are committed to addressing your inquiries in a timely and professional manner.