Terms of Service

1. Introduction and Acceptance

Welcome to Cafe Rio ("we," "our," or "us"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Cafe Rio, a food service business located at 300 Goose Cove Rd, Deer Isle, ME 04627, USA.

By accessing, browsing, or using our website (rios-cafe.digital), mobile applications, or any of our food services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our services.

These Terms may be updated from time to time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our services after such posting constitutes acceptance of the updated Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Company," "We," "Us," "Our" refers to Cafe Rio and its affiliates, employees, agents, and representatives.
• "You," "Your," "User" refers to any individual or entity accessing or using our services.
• "Services" refers to our food preparation, delivery, catering, online ordering, and related services.
• "Website" refers to rios-cafe.digital and any associated mobile applications or platforms.
• "Content" refers to all text, images, videos, audio, and other materials on our website or services.
• "Order" refers to any request for food items or services placed through our platform.
• "Delivery Zone" refers to the geographic areas where we provide delivery services.
• "Account" refers to the user profile created to access our services.

3. Use of Services

3.1 Permitted Use

You are granted a limited, non-exclusive, non-transferable license to access and use our services for personal, non-commercial purposes, subject to these Terms. Permitted uses include:

• Browsing our menu and restaurant information
• Placing legitimate food orders for personal consumption
• Creating and maintaining a user account
• Contacting us for customer service inquiries
• Sharing our content for promotional purposes with proper attribution

3.2 Prohibited Use

You agree not to engage in any of the following prohibited activities:

• Using our services for any illegal or unauthorized purpose
• Attempting to gain unauthorized access to our systems or user accounts
• Interfering with or disrupting our servers, networks, or services
• Uploading viruses, malware, or other harmful code
• Scraping, harvesting, or collecting user data without permission
• Impersonating other users or entities
• Posting false, misleading, or defamatory content
• Violating any applicable laws or regulations
• Using automated systems to place orders without authorization
• Reselling our food items for commercial purposes

4. User Accounts

Creating an account with Cafe Rio allows you to place orders, track delivery status, save preferences, and access exclusive offers. Account creation and maintenance are subject to the following terms:

Registration Requirements

• You must provide accurate, current, and complete information during registration
• You must maintain and update your account information as necessary
• You are limited to one account per person
• You must be at least 18 years old to create an account

Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password for your account
• Notify us immediately of any unauthorized use of your account
• Log out of your account at the end of each session
• Not share your account credentials with others

Account Termination

We reserve the right to suspend or terminate your account at our sole discretion if you violate these Terms, engage in fraudulent activity, or misuse our services. You may close your account at any time by contacting our customer service team.

5. Products and Services

Food Service Offerings

Cafe Rio provides authentic Mexican cuisine including but not limited to burritos, tacos, quesadillas, salads, and beverages. Our menu items are prepared fresh using high-quality ingredients and traditional recipes.

Order Placement and Acceptance

• All orders are subject to acceptance by Cafe Rio
• We reserve the right to refuse or cancel orders at our discretion
• Order confirmation does not guarantee availability of all items
• Minimum order requirements may apply for delivery services
• Orders must be placed during our operating hours

Pricing and Payment

All prices are displayed in USD and are subject to change without notice. Payment is required at the time of order placement. We accept major credit cards, debit cards, and approved digital payment methods. Additional fees may apply for delivery, service charges, and applicable taxes.

Delivery Terms

• Delivery is available within our designated delivery zones
• Estimated delivery times are approximate and may vary based on weather, traffic, and order volume
• Temperature-sensitive items will be handled according to food safety standards
• Delivery personnel will attempt delivery at the specified address
• Additional delivery charges may apply based on distance and order size

Food Quality Guarantee

We are committed to providing high-quality, fresh food. If you are not satisfied with your order due to quality issues, please contact us within 24 hours of delivery. We will work to resolve the issue through replacement, credit, or refund as appropriate.

Order Modifications and Cancellations

Order modifications or cancellations may be possible if requested immediately after order placement and before food preparation begins. Once preparation has started, changes may not be possible. Cancellation policies vary and are detailed in our Refund Policy.

6. Intellectual Property

All content on our website and services, including but not limited to text, images, logos, recipes, menu descriptions, graphics, videos, and software, is the exclusive property of Cafe Rio or our licensors and is protected by copyright, trademark, and other intellectual property laws.

Our Rights

• We own all rights, title, and interest in our trademarks, service marks, and trade names
• Our recipes, preparation methods, and proprietary information are confidential
• Website design, layout, and functionality are protected intellectual property
• Menu descriptions and food photography are our exclusive content

Limited License to Users

We grant you a limited, revocable license to access and use our content solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

User Content License

By submitting reviews, comments, photos, or other content to our platform, you grant Cafe Rio a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content for marketing and promotional purposes.

Copyright Infringement Reporting

If you believe your copyrighted material has been used without permission, please contact us at [email protected] with details of the alleged infringement. We will investigate and take appropriate action in accordance with applicable copyright laws.

7. User Content

Our platform may allow users to submit reviews, ratings, comments, photos, and other content. By submitting user content, you agree to the following terms:

Content Standards

All user content must be:

• Truthful, accurate, and based on genuine experience
• Respectful and free from offensive language
• Relevant to our food and services
• Free from spam, advertising, or promotional content
• Compliant with applicable laws and regulations

Prohibited Content

You may not submit content that:

• Contains false, misleading, or defamatory statements
• Violates privacy rights or contains personal information of others
• Is discriminatory, hateful, or harassing
• Infringes intellectual property rights
• Contains inappropriate or explicit material
• Promotes illegal activities or substances

Content Moderation

We reserve the right to review, edit, or remove any user content at our sole discretion. We do not endorse or take responsibility for user-generated content and do not guarantee its accuracy or reliability.

License Grant

By submitting content, you grant us a perpetual, irrevocable, worldwide license to use your content for business purposes, including marketing, advertising, and service improvement.

8. Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We make no representations or warranties regarding:

Service Availability

• Uninterrupted or error-free service operation
• Compatibility with all devices or software
• Accuracy of delivery time estimates
• Availability of specific menu items

Food Service Disclaimers

• While we maintain high food safety standards, we cannot guarantee that food items are completely free from allergens
• Nutritional information is approximate and may vary
• Food quality may be affected by delivery time and conditions
• Menu items and availability are subject to change

Third-Party Content

We disclaim responsibility for third-party content, links, or services that may be accessible through our platform. Such content is provided for convenience only and does not constitute endorsement.

Professional Advice Disclaimer

Information provided about nutrition, dietary restrictions, or health benefits is for general informational purposes only and should not be considered professional medical or dietary advice. Consult healthcare professionals for specific dietary needs.

9. Limitation of Liability

To the maximum extent permitted by law, Cafe Rio's total liability for any claims arising from or related to these Terms or our services shall not exceed the amount paid by you for the specific service or product that gave rise to the claim.

Excluded Damages

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Personal injury (except where prohibited by law)
• Property damage not directly caused by our gross negligence
• Emotional distress or mental anguish

Food-Related Liability

Our liability for food-related issues is limited to replacement of the defective item or refund of the purchase price. We are not liable for:

• Allergic reactions when allergen information has been disclosed
• Food quality degradation due to delivery delays beyond our control
• Individual taste preferences or dietary dissatisfaction

Time Limitation

Any claims must be brought within one (1) year after the cause of action arises, or such claims will be permanently barred.

10. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of our services
• Your violation of these Terms or applicable laws
• Your user content or submissions
• Your infringement of intellectual property rights
• Any false or misleading information you provide
• Your negligent or wrongful conduct

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims. This indemnification obligation shall survive termination of these Terms.

11. Third-Party Links and Services

Our website and services may contain links to third-party websites, services, or applications ("Third-Party Services"). These links are provided for convenience only and do not constitute endorsement.

Third-Party Responsibility

• We have no control over third-party content, products, or services
• We are not responsible for the availability, accuracy, or reliability of Third-Party Services
• Your interactions with third parties are solely between you and such parties
• Third-party terms of service and privacy policies apply to their services

Payment Processing

We may use third-party payment processors to handle transactions. These processors have their own terms of service and privacy policies, and we are not responsible for their practices or security measures.

Delivery Partners

We may partner with third-party delivery services. While we strive to work with reputable partners, we cannot guarantee their service quality or reliability.

12. Termination

These Terms remain effective until terminated by either party in accordance with the provisions set forth herein.

Termination by Company

We may terminate your access to our services immediately and without notice if you:

• Violate any provision of these Terms
• Engage in fraudulent or illegal activity
• Abuse our services or harm other users
• Fail to pay for services rendered
• Provide false information or impersonate others

Termination by User

You may terminate your account and discontinue use of our services at any time by contacting our customer service team or following the account closure process on our website.

Effect of Termination

Upon termination:

• Your right to access and use our services immediately ceases
• We may delete your account and associated data
• Outstanding payment obligations remain in effect
• Provisions regarding liability, indemnification, and intellectual property survive

Survival

Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, and general provisions shall survive termination of these Terms.

13. Governing Law and Disputes

These Terms and any disputes arising from or relating to our services shall be governed by and construed in accordance with the laws of the State of Maine, United States, without regard to conflict of law principles.

Jurisdiction and Venue

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Maine, USA. You consent to the personal jurisdiction of such courts and waive any objection to venue.

Dispute Resolution Process

Before initiating formal legal proceedings, we encourage parties to attempt resolution through direct communication. Please contact our customer service team at [email protected] to discuss any disputes or concerns.

Alternative Dispute Resolution

For disputes involving amounts under $5,000, you may choose to resolve the matter through small claims court in your jurisdiction, provided it has jurisdiction over the parties and claims.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive your right to participate in class actions against Cafe Rio.

14. Changes to Terms

We reserve the right to modify, update, or revise these Terms at any time at our sole discretion. Changes may be necessary due to legal requirements, business developments, or service improvements.

Notification of Changes

We will notify you of material changes to these Terms by:

• Posting updated Terms on our website with a new "Last Updated" date
• Sending email notifications to registered users when appropriate
• Displaying prominent notices on our website or mobile application

Acceptance of Changes

Your continued use of our services after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must discontinue using our services.

Review Responsibility

It is your responsibility to review these Terms periodically for updates. We recommend checking for changes each time you use our services.

15. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and Cafe Rio regarding use of our services.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. Invalid provisions will be interpreted to reflect the original intent to the maximum extent possible.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by our authorized representative.

Assignment

We may assign our rights and obligations under these Terms to any party at any time without notice to you. You may not assign your rights or obligations without our prior written consent.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, labor disputes, or technical failures.

Headings

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

Language

These Terms are written in English. Any translations provided are for convenience only, and the English version shall control in case of conflicts.

16. Contact Information

If you have questions, concerns, or complaints about these Terms or our services, please contact us using the information below. We are committed to addressing your inquiries promptly and professionally.