Terms of Service

Effective Date: April 16, 2026  |  Last Updated: April 16, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Cafe Rio ("Company," "we," "us," or "our"), governing your access to and use of the website located at cafexrio.rest (the "Website"), including all content, features, functionality, and services offered therein.

By visiting our Website, placing an order, creating an account, subscribing to our communications, or otherwise engaging with our services, you represent that:

• You are at least 18 years of age, or if you are between the ages of 13 and 17, you are accessing our services under the supervision and with the consent of a parent or legal guardian;
• You have the legal capacity and authority to enter into this Agreement;
• You agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of our services;
• All information you provide to us is accurate, current, and complete.

If you are accessing or using our services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms, and the terms "you" and "your" shall refer to both you individually and the business entity.

2. Description of Services

Cafe Rio is a food service establishment operating in the United States, offering customers a variety of food and beverage products, online ordering capabilities, catering services, and related hospitality experiences. Through our Website and associated platforms, we may offer the following services:

2.1 Online Ordering

Customers may place orders for food and beverages online for pickup or delivery, subject to service availability in your area. Online ordering is subject to menu availability, pricing, and applicable sales tax as required under applicable state and local law.

2.2 Catering Services

Cafe Rio provides catering services for private events, corporate functions, and other gatherings. Catering orders are subject to separate catering agreements, minimum order requirements, and advance booking deadlines. Please contact us directly for catering inquiries.

2.3 Loyalty Programs and Promotions

From time to time, we may offer loyalty programs, promotional discounts, coupons, or special offers. Such programs are subject to their own specific terms and conditions, which will be disclosed at the time of enrollment or promotion. We reserve the right to modify, suspend, or terminate any loyalty program or promotion at any time without prior notice.

2.4 Informational Content

Our Website provides general information about our menu, ingredients, nutritional content, locations, hours of operation, and company news. While we strive to keep all information accurate and up to date, we do not warrant the completeness or accuracy of any informational content displayed on the Website.

2.5 Service Availability

Our services are available in the United States only, unless expressly stated otherwise. We reserve the right to limit the availability of our services to any person, geographic region, or jurisdiction at our sole discretion.

3. User Obligations and Prohibited Activities

As a condition of your access to and use of our Website and services, you agree to comply with all applicable laws and these Terms. You agree that you will not engage in any of the following prohibited activities:

3.1 General Obligations

• You must provide accurate, truthful, and complete information when creating an account, placing an order, or communicating with us;
• You are responsible for maintaining the confidentiality of any account credentials, including passwords, and for all activity that occurs under your account;
• You must promptly notify us at [email protected] if you suspect unauthorized use of your account.

3.2 Prohibited Activities

You agree not to use our Website or services to:

• Engage in any fraudulent, deceptive, or misleading conduct, including submitting false orders, fraudulent payment information, or misrepresenting your identity;
• Violate any applicable federal, state, or local law, regulation, or ordinance, including but not limited to consumer protection laws, food safety regulations, and tax laws;
• Transmit or upload any viruses, malware, spyware, or other malicious code that could damage, disable, or impair our systems, networks, or servers;
• Attempt to gain unauthorized access to any part of our Website, server, database, or any system connected to our Website through hacking, password mining, or any other unauthorized means;
• Use automated tools such as bots, scrapers, crawlers, or spiders to access, index, or collect data from our Website without our prior written consent;
• Engage in any activity that places an unreasonable or disproportionately large load on our Website's infrastructure;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its content for commercial purposes without our express written permission;
• Use our intellectual property, including our trademarks, logos, or brand names, without prior written authorization;
• Harass, abuse, threaten, defame, or otherwise harm any person in connection with your use of our services;
• Post or transmit any content that is unlawful, obscene, hateful, discriminatory, or otherwise objectionable;
• Interfere with or disrupt the integrity, performance, or security of our Website or related systems.

We reserve the right to investigate suspected violations of these Terms and to take any appropriate action, including suspending or terminating your access to our services, reporting violations to law enforcement, or pursuing legal remedies.

4. Account Registration

Certain features of our Website, including online ordering, may require you to create an account. When registering for an account, you agree to:

• Provide accurate, complete, and current information as prompted by the registration process;
• Maintain and promptly update your account information to keep it accurate and current;
• Keep your login credentials confidential and not share them with any third party;
• Accept responsibility for all activities conducted through your account.

We reserve the right to suspend or terminate accounts that contain inaccurate or incomplete information, or that are associated with violations of these Terms. You may request deletion of your account at any time by contacting us at [email protected].

5. Payment Terms

When you place an order through our Website or in person at our establishment, you agree to the following payment terms:

5.1 Accepted Payment Methods

We accept major credit and debit cards, digital payment platforms, and other payment methods as indicated at the time of checkout. All payment information is processed through secure, third-party payment processors. We do not store complete credit card information on our servers.

5.2 Pricing and Taxes

All prices displayed on our Website or at our establishment are in United States Dollars (USD) and are subject to change without notice. Applicable sales tax will be calculated and added to your order total at checkout in accordance with applicable state and local tax laws. You are responsible for paying all applicable taxes associated with your purchase.

5.3 Order Confirmation

Upon placing an order, you will receive an order confirmation via email or through the Website. This confirmation does not constitute acceptance of your order. We reserve the right to cancel or modify orders in the event of pricing errors, item unavailability, suspected fraudulent activity, or other circumstances at our sole discretion.

5.4 Refunds and Cancellations

Refunds and cancellations are handled on a case-by-case basis in accordance with our refund policy. If you are unsatisfied with your order, please contact us at [email protected] within a reasonable time of receiving your order. We reserve the right to offer a replacement, credit, or refund at our sole discretion. All refund decisions are final.

5.5 Catering Deposits and Cancellations

Catering orders may require a deposit at the time of booking. Cancellation policies for catering services will be specified in the applicable catering agreement. Deposits may be non-refundable depending on the cancellation timeline and circumstances.

6. Intellectual Property Rights

All content, materials, and information available on our Website, including but not limited to text, graphics, logos, photographs, images, audio and video clips, digital downloads, data compilations, software, and the overall design and layout of the Website ("Content"), are the exclusive property of Cafe Rio or its content suppliers and are protected under applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and other applicable statutes.

6.1 Limited License

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

• Modify, adapt, translate, or create derivative works of the Content;
• Reproduce, distribute, publicly display, or publicly perform the Content for commercial purposes;
• Remove or alter any proprietary notices, labels, or marks on the Content;
• Use data mining, scraping, or similar data gathering methods on our Website.

6.2 Trademarks

The name "Cafe Rio," our logo, and any other trademarks, service marks, or trade names displayed on our Website are proprietary to Cafe Rio. You are not permitted to use any of our trademarks without our prior written consent. All other trademarks appearing on our Website belong to their respective owners.

6.3 User-Submitted Content

If you submit any reviews, feedback, comments, photos, or other content to us through the Website or social media platforms ("User Content"), you grant Cafe Rio a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, distribute, display, and otherwise exploit such User Content in any media for marketing and promotional purposes. You represent that you own or have the necessary rights to grant this license and that your User Content does not infringe any third-party rights.

7. Food Allergy and Dietary Disclaimer

Cafe Rio makes every reasonable effort to provide accurate ingredient and nutritional information on our Website and at our locations. However, we cannot guarantee that our menu items are free from allergens, including but not limited to nuts, dairy, gluten, soy, shellfish, eggs, or other common allergens, due to the risk of cross-contamination during food preparation.

If you have a known food allergy or dietary restriction, you must notify our staff at the time of ordering and exercise personal judgment regarding the suitability of our menu items for your dietary needs. Cafe Rio shall not be liable for any adverse health reactions resulting from undisclosed allergies or failure to disclose dietary needs.

8. Disclaimer of Warranties

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES THAT THE RESULTS OBTAINED FROM USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our warranties are limited to the minimum extent permitted by applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH OUR WEBSITE;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT;
• ANY OTHER MATTER ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEBSITE OR SERVICES,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO CAFE RIO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio and its officers, directors, employees, agents, contractors, licensors, service providers, and successors from and against any and all claims, liabilities, damages, losses, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of or access to our Website or services;
• Your violation of these Terms or any applicable law or regulation;
• Your User Content or any content you submit, post, or transmit through our Website;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights;
• Any misrepresentation made by you in connection with your use of our services;
• Your negligence or willful misconduct.

We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise 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 our prior written consent.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Cafe Rio. These links are provided for your convenience and informational purposes only. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or terms of service of any third-party websites or services.

Your interactions with third-party websites or services are governed solely by the terms and policies of those third parties. We encourage you to review the terms and privacy policies of any third-party websites you visit. We do not endorse or make any representations about third-party websites or services.

12. Privacy Policy

Your use of our Website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information in compliance with applicable federal and state privacy laws, including:

• The Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45, which prohibits unfair or deceptive acts or practices in commerce;
• The California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), to the extent applicable to California residents;
• Other applicable state and federal privacy laws.

By using our services, you consent to the collection and use of your information as described in our Privacy Policy. If you have questions about our privacy practices, please contact us at [email protected].

13. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to these Terms or your use of our Website or services shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Cafe Rio is registered and operates, without regard to its conflict of law provisions.

Subject to the arbitration provisions below, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the applicable jurisdiction of Cafe Rio's principal place of business for any legal proceedings arising out of or relating to these Terms or your use of our services. You waive any objection to the laying of venue in such courts and any claim that such courts constitute an inconvenient forum.

If you are a consumer located in a state with specific consumer protection laws that provide additional rights, nothing in these Terms shall be construed to waive or limit those rights to the extent they are non-waivable under applicable law.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute resolution procedure, you agree to contact us informally by emailing [email protected] and providing a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receipt. If the dispute cannot be resolved informally within that period, either party may proceed to binding arbitration as described below.

14.2 Binding Arbitration

Except as otherwise provided in these Terms, any dispute, controversy, or claim arising out of or relating to these Terms, your use of our services, or any products or services provided by Cafe Rio, shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, except as modified by these Terms.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. The arbitrator's decision shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CAFE RIO 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 otherwise preside over any form of a representative or class proceeding.

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent or enjoin infringement of intellectual property rights, unauthorized access to computer systems, or other irreparable harm. Such relief shall not be deemed a waiver of the right to arbitrate other claims.

14.5 Small Claims Court

Either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction, provided the action remains in small claims court and is pursued on an individual, non-class basis.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Website or services. We reserve the right to:

• Suspend or terminate your access to our Website or services at any time, with or without cause or notice, for any reason, including but not limited to violation of these Terms;
• Discontinue, modify, or suspend the Website or any service, feature, or content at any time without liability;
• Refuse service to any person or entity at our sole discretion, consistent with applicable law.

Upon termination of these Terms or your account, your right to use our Website and services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 6 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 13 (Governing Law), 14 (Dispute Resolution), and any other provisions that reasonably contemplate survival.

16. Changes to These Terms

We reserve the right to modify, update, or revise these Terms at any time at our sole discretion. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms;
• Post the revised Terms on our Website at cafexrio.rest;
• Notify you via email (if you have provided your email address) or through a prominent notice on our Website, where required by applicable law.

Your continued use of our Website or services after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue your use of our Website and services and, if applicable, close your account. We encourage you to review these Terms periodically to stay informed of any changes.

17. Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed from these Terms without affecting the validity, legality, or enforceability of the remaining provisions.

The parties agree that in such circumstances, the remaining provisions of these Terms shall continue in full force and effect, and the parties shall use commercially reasonable efforts to negotiate a replacement provision that is valid and enforceable and that achieves, to the greatest extent possible, the original intent and economic effect of the severed provision.

18. Waiver

No waiver by Cafe Rio 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 by Cafe Rio to exercise a right or enforce a provision under these Terms shall not constitute a waiver of that right or provision. Any waiver must be made in writing and signed by an authorized representative of Cafe Rio to be effective.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements, policies, or terms expressly incorporated herein by reference, constitute the entire agreement between you and Cafe Rio with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, representations, warranties, negotiations, and discussions, whether oral or written, between the parties relating to the subject matter of these Terms.

20. Electronic Communications

By using our Website or services or providing your email address, you consent to receive electronic communications from us, including transactional emails, order confirmations, promotional messages (if you have opted in), and administrative notices. These electronic communications 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 any such email or by contacting us at [email protected].

21. Force Majeure

Cafe Rio shall not be liable for any failure or delay in performance of its obligations under these Terms arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, supply chain disruptions, labor disputes, power outages, internet or telecommunications failures, or other extraordinary events beyond our reasonable control ("Force Majeure Events"). During any Force Majeure Event, our obligations shall be suspended to the extent made necessary by such event, and we shall use commercially reasonable efforts to resume normal operations as soon as practicable.

22. Accessibility

Cafe Rio is committed to ensuring that our Website is accessible to individuals with disabilities in accordance with applicable standards, including the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience difficulty accessing any portion of our Website or services, please contact us at [email protected], and we will make reasonable efforts to provide the information or service through an alternative means of access.

23. Children's Privacy

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 we become aware that we have inadvertently collected personal information from a child under 13, we will take reasonable steps to delete such information promptly. If you believe we may have information from or about a child under 13, please contact us immediately at [email protected]. This practice is in compliance with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq.

24. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service or our services, please contact us using the following information:

We strive to respond to all inquiries within five (5) business days. For urgent matters, please include "URGENT" in the subject line of your email.