Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at cafenrio.rest (the "Site") or any services offered by Cafe Rio ("Company," "we," "us," or "our"). By accessing or using our Site, placing an order, or otherwise engaging with our services, you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue use of the Site and our services.

1. Acceptance of Terms

By accessing, browsing, or using the Site or any of the services offered by Cafe Rio — including but not limited to online ordering, table reservations, catering inquiries, or any other food-related services — you enter into a legally binding agreement with Cafe Rio under these Terms of Service. This Agreement is enforceable under the laws of the United States and the applicable state laws governing the location of our business operations.

These Terms apply to all visitors, registered users, customers, and any other individuals who interact with our Site or services. If you are accessing or using the Site on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and the term "you" shall refer to such entity.

Your continued use of the Site following the posting of any changes to these Terms shall constitute your acceptance of such changes. We encourage you to review these Terms periodically to remain informed of any updates.

You must be at least eighteen (18) years of age to use this Site or place orders through our services. By using the Site, you represent and warrant that you meet this minimum age requirement. If you are under eighteen (18) years of age, you may only use the Site with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Cafe Rio is a food service business that provides a range of culinary offerings and related services to its customers. Our services include, but are not limited to:

• Dine-In Services: Providing guests with a dining experience at our physical establishment, including meals, beverages, and hospitality services.
• Takeout and Pickup Orders: Allowing customers to place food orders online or in person for pickup at our location.
• Delivery Services: Facilitating the delivery of food orders to designated addresses, either directly or through third-party delivery partners.
• Catering Services: Offering customized catering solutions for events, gatherings, corporate functions, and other occasions, subject to availability and separate agreements.
• Online Ordering Platform: Providing a digital platform through the Site for customers to browse menus, select items, customize orders, and complete purchases.
• Loyalty Programs and Promotions: Administering customer rewards programs, discount offers, promotional campaigns, and special events from time to time.
• Informational Content: Sharing menu information, nutritional data, ingredient details, company news, and other relevant content through the Site.

The availability of specific services may vary based on location, time, seasonality, and other operational factors. Cafe Rio reserves the right to modify, suspend, or discontinue any service — in whole or in part — at any time and without prior notice. We shall not be liable to you or any third party for any such modifications, suspensions, or discontinuations.

All food items are prepared in a commercial kitchen environment that may handle common allergens including, but not limited to, gluten, dairy, nuts, soy, eggs, shellfish, and other potential allergens. Customers with food allergies, dietary restrictions, or specific nutritional needs are strongly encouraged to contact us directly at [email protected] before placing any order to discuss their requirements.

3. User Obligations and Prohibited Activities

By using the Site and our services, you agree to comply with all applicable local, state, federal, and international laws and regulations. You further agree to use the Site only for lawful purposes and in a manner consistent with these Terms.

3.1 User Obligations

As a user of the Site and our services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or otherwise interacting with the Site.
• Maintain the security and confidentiality of your account credentials and immediately notify us of any unauthorized use of your account.
• Promptly update any information you provide to ensure it remains accurate and complete.
• Use the Site and services solely for personal, non-commercial purposes unless you have obtained prior written authorization from Cafe Rio for commercial use.
• Comply with all applicable laws and regulations in connection with your use of the Site and our services.
• Treat our staff, representatives, and other users with respect and courtesy at all times.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities in connection with your use of the Site or our services:

• Using the Site for any unlawful purpose or in violation of any applicable local, state, federal, or international law or regulation.
• Submitting false, misleading, or fraudulent information, including placing fraudulent orders or making false claims about food quality or order fulfillment.
• Attempting to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means.
• Using any automated tools, bots, scrapers, crawlers, or similar technologies to access, collect, or harvest data from the Site without our express written permission.
• Interfering with or disrupting the integrity or performance of the Site, its servers, or its associated networks.
• Uploading, transmitting, or distributing any malicious code, viruses, ransomware, spyware, or other harmful software through the Site.
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Site.
• Using the Site to send unsolicited commercial communications (spam) to other users or third parties.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Site or our services without our express written consent.
• Attempting to reverse engineer, decompile, or disassemble any software or technology used to provide the Site or our services.
• Engaging in any activity that could damage, overburden, impair, or compromise our systems or security measures.
• Collecting personally identifiable information from other users of the Site without their consent.
• Using the Site to facilitate or promote any illegal activity, including but not limited to fraud, money laundering, or identity theft.

Violation of any of these prohibitions may result in the immediate termination of your account, suspension of services, and/or referral to appropriate law enforcement authorities. Cafe Rio reserves the right to pursue all available legal remedies against users who violate these Terms.

4. Intellectual Property Rights

All content on the Site — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, menu designs, brand elements, and the overall look and feel of the Site — is the exclusive property of Cafe Rio or its content suppliers and is protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable federal and state intellectual property statutes.

The Cafe Rio name, logo, taglines, and all related marks, trade names, service marks, and trade dress are trademarks or registered trademarks of Cafe Rio in the United States and/or other jurisdictions. You are not authorized to use any of our trademarks, service marks, or trade dress without our express prior written consent. Unauthorized use of our intellectual property may violate trademark, copyright, and other applicable laws and could result in civil and/or criminal penalties.

You are granted a limited, non-exclusive, non-transferable, 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 any third party.
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Site automatically terminates the license granted herein. We reserve all rights not expressly granted in these Terms.

If you believe that any content on the Site infringes your copyright or other intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement, sufficient information for us to locate the allegedly infringing material, and proof of your ownership of the rights claimed.

5. Payment Terms

When you place an order through our Site or at our physical location, you agree to pay all applicable charges, including the price of the food items, applicable taxes, delivery fees (if applicable), service charges, and any other fees associated with your order.

We accept various forms of payment as indicated on the Site or at our location, which may include major credit cards, debit cards, digital payment methods, and cash (at physical locations). By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided.
• The payment information you provide is accurate and complete.
• You will pay all charges incurred through your account at the prices in effect when such charges are incurred.

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Applicable sales taxes will be calculated and added to your order total at checkout in accordance with the tax laws of the applicable jurisdiction.

For online orders, payment is typically processed at the time of order placement. In cases where your payment cannot be processed, we reserve the right to cancel your order and notify you of the issue. We are not responsible for any fees charged by your bank or financial institution in connection with your payment.

Refunds and cancellations are handled on a case-by-case basis in accordance with our Refund Policy. If you have concerns about a charge or wish to request a refund, please contact us at [email protected] within a reasonable time following the transaction in question. Cafe Rio reserves the right to deny refund requests that do not comply with our applicable policies.

For catering services, separate payment terms and deposit requirements may apply as outlined in any applicable catering agreement or contract. In the event of any conflict between a catering contract and these Terms, the catering contract shall govern with respect to payment-related matters.

6. Disclaimer of Warranties

THE SITE AND ALL SERVICES OFFERED BY CAFE RIO ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Cafe Rio, its affiliates, officers, directors, employees, agents, suppliers, and licensors make no warranty or representation that:

• The Site will be available, uninterrupted, timely, secure, or error-free at all times.
• The results obtained from the use of the Site or services will be accurate, reliable, or meet your expectations.
• Any errors or defects in the Site will be corrected promptly or at all.
• The Site is free from viruses, malware, or other harmful components.
• The content on the Site is complete, accurate, up-to-date, or suitable for any particular purpose.

Nutritional information, ingredient lists, allergen data, and other food-related content displayed on the Site are provided for informational purposes only and may not reflect real-time changes to recipes, ingredients, or preparation methods. Cafe Rio does not warrant the accuracy or completeness of any nutritional or allergen information. Customers with serious food allergies or medical dietary requirements are solely responsible for verifying ingredient information before consuming any of our products.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, our warranties shall be limited to the maximum extent permitted by applicable law.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAFE RIO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH:

• Your use or inability to use the Site or our services.
• Any content obtained from the Site.
• Unauthorized access to or alteration of your transmissions or data.
• Statements or conduct of any third party in connection with the Site or services.
• Any other matter relating to the Site or services.

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

IN NO EVENT SHALL CAFE RIO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO CAFE RIO IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations of liability set forth in this section shall apply to the maximum extent permitted by applicable law in the relevant jurisdiction. Certain jurisdictions may not permit the limitation of certain damages, in which case, some or all of the above limitations may not apply to you.

8. Indemnification

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

• Your violation of these Terms of Service.
• Your use or misuse of the Site or any of our services.
• Your violation of any applicable law, regulation, or third-party rights, including intellectual property rights or privacy rights.
• Any content you submit, post, transmit, or otherwise make available through the Site.
• Your fraudulent, negligent, or intentional misconduct.
• Any dispute you have with another user of the Site or any third party.

Cafe Rio reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with Cafe Rio's defense of such claims. You agree not to settle any matter without the prior written consent of Cafe Rio. Cafe Rio will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Cafe Rio. These links are provided for your convenience only. Cafe Rio has no control over, and assumes no responsibility for, the content, privacy policies, practices, or terms of service of any third-party websites or services. We do not endorse any third-party website or service accessed through links on our Site.

If you use third-party delivery services (such as food delivery applications and platforms) to place orders from Cafe Rio, your use of such services is governed by the terms and conditions of those third-party providers. Cafe Rio is not responsible for the actions, omissions, errors, or policies of any third-party delivery provider. Any disputes arising from third-party delivery services should be directed to the relevant third-party provider.

You acknowledge and agree that Cafe Rio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services available on or through any third-party websites or services.

10. Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference and available on the Site. By using the Site and our services, you acknowledge that you have reviewed our Privacy Policy and consent to the practices described therein.

To the extent our business operations involve customers located in California, we comply with the California Consumer Privacy Act of 2018 (CCPA) as amended by the California Privacy Rights Act of 2020 (CPRA), which grants California residents certain rights with respect to their personal information. Additionally, we operate in compliance with the Federal Trade Commission Act (FTC Act) and applicable FTC regulations governing unfair or deceptive acts or practices in commerce.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute, controversy, or claim arising out of or relating to these Terms, the Site, or our services — including any question regarding their existence, validity, interpretation, breach, or termination — shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the state in which Cafe Rio's principal place of business is located, without regard to its conflict of law principles or provisions.

Subject to the dispute resolution provisions set forth in Section 12 below, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site or services shall be instituted exclusively in the federal or state courts of competent jurisdiction located in the United States, in the county or district where Cafe Rio maintains its principal place of business. You hereby irrevocably consent and submit to the personal jurisdiction and venue of such courts for all such purposes and waive any objection to such jurisdiction or venue.

If you are accessing the Site from outside the United States, you do so at your own risk and are responsible for compliance with all applicable local laws in your jurisdiction. Cafe Rio makes no representation that the Site or services are appropriate or available for use in locations outside the United States.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services informally by contacting Cafe Rio at [email protected]. We will make good-faith efforts to resolve the dispute informally within thirty (30) days of receiving your written notice describing the nature of the dispute and the relief sought.

12.2 Binding Arbitration

If the dispute cannot be resolved informally within thirty (30) days, you and Cafe Rio agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our services — including any question of arbitrability — shall be finally resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA) Commercial Arbitration Rules, or such other mutually agreed arbitration body, as amended from time to time. The arbitration shall be conducted in the English language. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitration shall be conducted on an individual basis. Neither you nor Cafe Rio shall have the right to participate in a class action, private attorney general action, or other representative action in arbitration or in court. This class action waiver is an essential part of this arbitration agreement and cannot be severed from it. If this class action waiver is found to be unenforceable, the entire arbitration agreement shall be null and void.

12.3 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction in order to prevent irreparable harm pending the resolution of a dispute through arbitration. Claims that may be brought in small claims court may also be exempt from arbitration, at Cafe Rio's sole discretion.

12.4 Costs of Arbitration

The costs of arbitration, including filing fees and arbitrator's fees, shall be allocated in accordance with the applicable arbitration rules. Each party shall bear its own attorneys' fees and costs in connection with arbitration unless the arbitrator determines that a party's claim or defense was frivolous or asserted in bad faith, in which case the arbitrator may award reasonable attorneys' fees against such party.

13. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Site or our services. Cafe Rio reserves the right, in its sole discretion and without prior notice, to:

• Terminate or suspend your access to the Site or any of our services for any reason, including but not limited to your breach of these Terms.
• Remove or disable any content that violates these Terms or that Cafe Rio finds objectionable for any reason.
• Discontinue any feature, promotion, or service offering at any time.

You may terminate your use of the Site at any time by simply discontinuing your use. If you have a registered account, you may request deletion of your account by contacting us at [email protected].

Upon termination of your access or use of the Site and services for any reason:

• The license granted to you under these Terms shall immediately terminate.
• All outstanding orders placed prior to termination shall continue to be processed in accordance with these Terms.
• Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

14. Changes to Terms

Cafe Rio reserves the right to modify, amend, update, or replace these Terms of Service at any time at its sole discretion. When we make material changes to these Terms, we will notify you by updating the "Last Updated" date at the top of this page and, where appropriate, by providing additional notice such as posting a notice on the Site or sending an email to the address associated with your account.

It is your responsibility to review these Terms periodically. Your continued use of the Site or our services after any changes to these Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue your use of the Site and services immediately.

We will endeavor to provide reasonable advance notice of any material changes that may significantly affect your rights or obligations under these Terms. However, changes required by applicable law or made for security purposes may take effect immediately without prior notice.

15. Severability

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or in conflict with any 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 deemed severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, and all remaining provisions shall continue in full force and effect as if such invalid, illegal, or unenforceable provision had never been included.

The parties agree that a court or arbitrator shall have the authority to reform or modify any provision of these Terms that is found to be overly broad, ambiguous, or otherwise unenforceable in a manner that preserves the original intent of the parties to the greatest extent possible under applicable law.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or agreements published by Cafe Rio on the Site, constitute the entire agreement between you and Cafe Rio with respect to your use of the Site and our services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties — both written and oral — with respect to the subject matter hereof.

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 assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

These Terms are not assignable, transferable, or sublicensable by you except with Cafe Rio's prior written consent. Cafe Rio may assign these Terms or any rights hereunder without restriction.

17. Force Majeure

Cafe Rio shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, earthquakes, fires, floods, pandemics, epidemics, government-imposed restrictions or closures, war, terrorism, labor disputes, civil unrest, supply chain disruptions, utility failures, or internet outages. In such events, Cafe Rio will make reasonable efforts to resume performance as soon as practicable.

18. Accessibility

Cafe Rio is committed to making its Site accessible to all users, including individuals with disabilities, in compliance with applicable accessibility standards and guidelines, including the Americans with Disabilities Act (ADA) as amended. If you experience any difficulty accessing content on our Site due to a disability, please contact us at [email protected] so that we may provide you with appropriate assistance and work to improve accessibility.

19. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, our services, or any other matter, please do not hesitate to contact us using the information below. We are committed to responding to your inquiries in a timely and professional manner.

These Terms of Service were last updated on April 22, 2026, and are effective as of that date. All previous versions of these Terms are superseded by this version. Cafe Rio reserves all rights not expressly granted herein.