Terms of Service

1. Introduction and Acceptance

Welcome to Cafe Rio ("we," "us," "our," or "Company"). These Terms of Service ("Terms") govern your use of our website located at cafesrios.click, our mobile applications, and all related services, features, and content provided by Cafe Rio (collectively, the "Services").

By accessing, browsing, or using our Services, including placing food orders, creating an account, or engaging with our content, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

Eligibility Requirements:

• You must be at least 18 years of age or have reached the age of majority in your jurisdiction
• You possess the legal capacity to enter into binding agreements
• You are not prohibited from using our Services under applicable law
• You have not been previously suspended or banned from our Services

Account Responsibility: If you create an account with us, you are responsible for maintaining the security of your account and password. You agree to accept responsibility for all activities that occur under your account.

Updates to Terms: We reserve the right to modify these Terms at any time. We will notify you of material changes through email, website notifications, or other reasonable means. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

2. Definitions

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

• "Company," "we," "us," or "our" refers to Cafe Rio, a food service business operating from 300 Goose Cove Rd, Deer Isle, ME 04627, USA
• "User," "you," or "your" refers to any individual or entity accessing or using our Services
• "Services" means all services, products, features, content, and applications offered by Cafe Rio through any platform
• "Content" includes all text, graphics, images, music, software, audio, video, information, and other materials available through our Services
• "Website" refers to cafesrios.click and all associated subdomains and pages
• "Food Products" means all menu items, beverages, and food-related products offered by Cafe Rio
• "Order" means a request to purchase Food Products through our Services
• "Delivery Area" means the geographical regions where we provide delivery services

3. Use of Services

3.1 Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use our Services for personal, non-commercial purposes
• Browse our menu and place food orders
• Create and maintain one user account
• Receive marketing communications (with your consent)
• Use our Services in compliance with all applicable laws and regulations

3.2 Prohibited Use

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

• Illegal Activities: Using our Services for any unlawful purpose or in violation of any applicable laws
• Harmful Behavior: Transmitting viruses, malware, or other harmful code
• Unauthorized Access: Attempting to gain unauthorized access to our systems, accounts, or data
• Intellectual Property Violations: Infringing upon our or third parties' intellectual property rights
• Spam or Harassment: Sending unsolicited communications or harassing other users or staff
• False Information: Providing false, misleading, or inaccurate information
• System Interference: Interfering with or disrupting our Services or servers
• Commercial Misuse: Using our Services for commercial purposes without authorization
• Data Mining: Extracting data from our Services through automated means
• Reverse Engineering: Attempting to reverse engineer our software or systems

4. User Accounts

Registration Requirements: To access certain features of our Services, including placing orders, you must create an account. During registration, you must provide accurate, current, and complete information.

Account Security: You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your account information remains accurate and up-to-date

One Account Policy: Each person may maintain only one active account. Multiple accounts created by the same individual may be suspended or terminated.

Account Termination: We reserve the right to suspend or terminate your account at any time for violation of these Terms, suspicious activity, or other reasonable cause. You may terminate your account at any time by contacting us.

5. Products and Services

Product Descriptions: We strive to provide accurate descriptions, images, and pricing for all Food Products. However, we do not warrant that product descriptions are error-free, complete, or current.

Food Safety and Quality: All Food Products are prepared in accordance with applicable food safety regulations and health standards. We maintain proper food handling, storage, and preparation procedures.

Allergen Information: While we provide allergen information for our menu items, we cannot guarantee that any food is completely free from allergens due to potential cross-contamination in our kitchen. Customers with food allergies should exercise caution and inform us of their allergies when placing orders.

Order Acceptance and Cancellation:

• All orders are subject to acceptance by Cafe Rio
• We reserve the right to refuse or cancel orders at our discretion
• Order modifications may be possible before preparation begins
• Cancellation policies vary by order type and timing
• Minimum order requirements may apply for delivery

Delivery Terms:

• Delivery is available only within our designated Delivery Area
• Delivery times are estimates and may vary based on demand, weather, and other factors
• We use temperature-controlled containers for temperature-sensitive items
• Delivery fees and minimum order requirements apply
• You must be available to receive delivery at the specified address

Payment Terms: Payment is due at the time of order placement. We accept various payment methods as displayed on our platform. All prices are subject to applicable taxes and fees.

Returns and Refunds: Our refund and return policy is detailed in our separate Refund Policy document, available at cafesrios.click/refund.html.

6. Intellectual Property

Our Ownership: The Services, including all content, features, and functionality, are owned by Cafe Rio and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our Trademarks: "Cafe Rio," our logos, and other marks are trademarks of Cafe Rio. You may not use our trademarks without our prior written permission.

Limited License to Users: We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes, subject to these Terms.

User Content License: By submitting content to our Services (including reviews, photos, or comments), you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and distribute such content.

Copyright Infringement: We respect intellectual property rights. If you believe your copyright has been infringed, please contact us at [email protected] with detailed information about the alleged infringement.

7. User Content

Your Responsibility: You are solely responsible for any content you submit, post, or transmit through our Services, including reviews, comments, photos, and other user-generated content.

License Grant: By submitting content, you grant Cafe Rio a non-exclusive, worldwide, royalty-free license to use, display, reproduce, modify, and distribute your content in connection with our Services.

Prohibited Content: You may not submit content that:

• Is false, misleading, defamatory, or libelous
• Infringes intellectual property rights
• Contains harmful, offensive, or inappropriate material
• Violates any applicable law or regulation
• Contains personal information of others without consent
• Is commercial or promotional in nature (without permission)

Content Removal: We reserve the right to remove any user content that violates these Terms or is otherwise objectionable, without notice.

No Endorsement: User content does not represent our views or opinions. We do not endorse any user content or guarantee its accuracy.

8. Disclaimers

Service Availability: Our Services are provided on an "as is" and "as available" basis. We do not warrant that our Services will be uninterrupted, error-free, or completely secure.

No Warranties: To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Third-Party Content: Our Services may contain links to third-party websites or content. We are not responsible for the accuracy, legality, or content of external sites.

Food Quality: While we strive to maintain high food quality standards, we cannot guarantee that all Food Products will meet your specific expectations or dietary requirements.

Professional Advice: Our Services do not provide medical, nutritional, or professional advice. Consult appropriate professionals for specific dietary or health concerns.

9. Limitation of Liability

Liability Limits: To the maximum extent permitted by law, our total liability to you for all claims arising out of or relating to these Terms or our Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

Excluded Damages: In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, regardless of the theory of liability.

Food-Related Claims: Our liability for food quality issues, allergic reactions, or food-related illnesses is limited to the cost of the Food Products involved, except where prohibited by law.

Delivery Issues: We are not liable for delays, damages, or losses resulting from delivery issues beyond our reasonable control, including weather conditions, traffic, or address errors.

Essential Purpose: If any remedy provided fails of its essential purpose, our liability shall be limited to the maximum extent permitted by applicable law.

10. Indemnification

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

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Any content you submit or transmit
• Your negligent or wrongful conduct

Defense and Settlement: We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

11. Third-Party Links and Services

Third-Party Services: Our Services may contain links to or integrate with third-party websites, applications, or services. We are not responsible for the content, privacy policies, or practices of third parties.

Third-Party Terms: Your use of third-party services is subject to their respective terms and conditions. We encourage you to read their policies carefully.

No Endorsement: The inclusion of any link does not imply endorsement by us of the linked site or service.

Payment Processors: We may use third-party payment processors. Your payment information may be subject to their terms and privacy policies.

12. Termination

Company's Right to Terminate: We may suspend or terminate your access to our Services at any time, with or without cause or notice, including for violation of these Terms.

Your Right to Terminate: You may terminate your account at any time by contacting us at [email protected] or through your account settings.

Effect of Termination: Upon termination:

• Your right to use our Services ceases immediately
• We may delete your account and associated data
• Outstanding orders and payments remain subject to these Terms
• Accrued rights and obligations survive termination

Survival: Provisions regarding intellectual property, disclaimers, limitation of liability, indemnification, and governing law survive termination.

13. Governing Law and Disputes

Applicable Law: These Terms are 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 state or federal courts located in Maine, and you consent to the jurisdiction of such courts.

Dispute Resolution Process: Before initiating any legal proceedings, you agree to first attempt to resolve disputes through good faith negotiations. Contact us at [email protected] to begin this process.

Informal Resolution: We will attempt to resolve disputes informally within 60 days of receiving notice. If unsuccessful, formal legal proceedings may be initiated.

Limitation Period: Any claim or cause of action arising under these Terms must be filed within one (1) year after the claim or cause of action arose, or be forever barred.

14. Changes to Terms

Right to Modify: We reserve the right to modify, update, or replace these Terms at any time at our sole discretion.

Notification of Changes: We will provide notice of material changes through:

• Email notification to registered users
• Prominent notice on our website
• In-app notifications (if applicable)
• Other reasonable communication methods

Effective Date: Changes become effective immediately upon posting unless otherwise specified. Your continued use constitutes acceptance of the modified Terms.

Review Responsibility: You are responsible for regularly reviewing these Terms to stay informed of any changes.

15. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and Cafe Rio regarding the Services.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

Assignment: We may assign our rights and obligations under these Terms without notice. You may not assign your rights without our prior written consent.

Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, or other force majeure events.

Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.

Language: These Terms are written in English. Any translations are for convenience only, and the English version prevails in case of conflict.

16. Contact Information