Terms of Service

Effective Date: April 30, 2026  |  Last Updated: April 30, 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"), the operator of the website located at caferiomexican.top (the "Website"). By visiting, browsing, accessing, or using this Website in any manner — including placing orders, creating an account, or otherwise engaging with our digital or in-person services — you expressly acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

If you are using our Website or services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the term "you" shall refer to such entity. If you do not have such authority, or if you do not agree to these Terms, you must not use our services.

These Terms apply to all visitors, users, customers, and others who access or use the Website. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes.

You must be at least eighteen (18) years of age to enter into this Agreement and to use our services. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may only use our services under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

2. Description of Services

Cafe Rio is a food service establishment operating within the United States. We offer a variety of Mexican-inspired food and beverage products, including but not limited to fresh meals, entrees, sides, desserts, and beverages prepared and served at our physical location(s) and/or made available through online ordering platforms accessible via our Website.

Specifically, our services include, without limitation:

• In-restaurant dining and carry-out food and beverage orders;
• Online food ordering and payment processing through our Website or integrated third-party platforms;
• Catering services for events, gatherings, and corporate functions;
• Gift card purchases and redemptions;
• Loyalty program participation, where available;
• Promotional offers, coupons, and special event notifications;
• Customer support and communication via email and other designated channels.

We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict access to any portion of our services — temporarily or permanently — at any time and without prior notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation of services.

Cafe Rio does not guarantee that the Website will be available at all times or that access will be uninterrupted, secure, or error-free. We make reasonable efforts to ensure service availability but disclaim any warranties regarding continuous, uninterrupted access.

3. User Obligations and Prohibited Activities

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

3.1 User Obligations

As a condition of your use of our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the security and confidentiality of your account credentials;
• Promptly update your account information to keep it accurate and current;
• Notify us immediately of any unauthorized use of your account or any breach of security;
• Comply with all applicable laws and regulations when using our services;
• Pay all charges and fees associated with your orders in a timely manner;
• Use the Website solely for personal, non-commercial purposes unless expressly authorized by us in writing.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities when using our Website or services:

• Using our Website in any manner that violates applicable local, state, federal, or international law or regulation;
• Engaging in any fraudulent activity, including submitting false orders, using stolen payment credentials, or misrepresenting your identity;
• Attempting to gain unauthorized access to any portion of our Website, server, database, or any other systems or networks connected to our Website;
• Transmitting or uploading any viruses, malware, spyware, or any other harmful or disruptive code;
• Scraping, crawling, spidering, or otherwise extracting data from our Website without our express written permission;
• Reverse-engineering, decompiling, disassembling, or otherwise attempting to derive the source code of our Website;
• Using automated bots, scripts, or similar tools to interact with our Website;
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity;
• Posting, transmitting, or sharing any content that is defamatory, obscene, harassing, threatening, or otherwise objectionable;
• Interfering with or disrupting the integrity or performance of the Website or any related services;
• Collecting or harvesting any personally identifiable information from our Website without authorization;
• Using our Website or services to engage in unsolicited commercial communications (spam);
• Reselling, reproducing, or exploiting any portion of our Website or services for commercial purposes without our express prior written consent.

Violation of any of the above-listed prohibitions may result in immediate termination of your account and access to our services, in addition to any legal remedies we may pursue under applicable law.

4. Intellectual Property Rights

All content, materials, and intellectual property featured on or accessible through the Website — including but not limited to text, graphics, logos, photographs, images, illustrations, audio and video clips, digital downloads, data compilations, software, and the overall design, look, and feel of the Website — are the exclusive property of Cafe Rio or its content suppliers and are protected under applicable intellectual property laws, including copyright, trademark, trade dress, and other proprietary rights under the laws of the United States.

The Cafe Rio name, logo, and all related product names, design marks, and slogans are trademarks or service marks of Cafe Rio. No license or right to use any such marks is granted to you by implication, estoppel, or otherwise without the prior written consent of Cafe Rio.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Website solely for your personal, non-commercial use in connection with our food services. This license does not include the right to:

• Reproduce, distribute, or publicly display any content from our Website;
• Modify or create derivative works based on our Website content;
• Use our Website or any content therein for any commercial purpose;
• Remove or alter any copyright, trademark, or other proprietary notices.

Any unauthorized use of our intellectual property is strictly prohibited and may constitute a violation of federal and state laws, including the Digital Millennium Copyright Act (DMCA), the Lanham Act, and applicable copyright statutes. We reserve the right to pursue all available legal remedies against any party that infringes upon our intellectual property rights.

If you believe that any content on our Website infringes your copyright or other intellectual property rights, please contact us at [email protected] with a detailed notice of infringement.

5. Online Ordering and Payment Terms

Where our Website facilitates online ordering, the following payment terms apply:

5.1 Pricing and Taxes

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without prior notice. Applicable sales taxes, service fees, and delivery charges (if any) will be calculated and disclosed at checkout before you complete your order. You are responsible for paying all applicable taxes and fees associated with your purchase.

5.2 Payment Authorization

By submitting an order through our Website, you represent and warrant that: (a) any payment information you provide is accurate and complete; (b) you are authorized to use the payment method you submit; and (c) your payment will be honored by your financial institution. We reserve the right to cancel or refuse any order at our sole discretion.

5.3 Order Confirmation

An order confirmation does not constitute acceptance of your order. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraudulent activity. If your order is cancelled after payment has been processed, we will issue a full refund using your original payment method.

5.4 Refund and Cancellation Policy

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you experience a quality issue or receive an incorrect order, please contact us at [email protected] within a reasonable time of receiving your order. We will review each situation on a case-by-case basis and, at our discretion, may offer a replacement, store credit, or refund.

5.5 Gift Cards

Gift cards purchased through our Website are subject to additional terms and conditions disclosed at the time of purchase. Gift cards are non-refundable and may not be exchanged for cash, except as required by applicable state law.

6. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

CAFE RIO EXPRESSLY DISCLAIMS ALL WARRANTIES, 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 OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT, INFORMATION, OR MATERIALS ON THE WEBSITE;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICES.

We do not warrant that our food products will meet your specific dietary, nutritional, or allergen requirements. It is your responsibility to inform our staff of any food allergies or dietary restrictions before placing your order. While we take reasonable steps to accommodate dietary needs, we cannot guarantee that our products are completely free from allergens or cross-contamination.

Any information on our Website regarding nutritional content, ingredients, or allergens is provided for informational purposes only and may not be entirely accurate due to variations in preparation, portion sizes, and ingredient substitutions. You should consult with a qualified healthcare professional before making dietary decisions based on such information.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE OR SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (C) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, 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 WEBSITE AND 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 DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio and its officers, directors, employees, agents, contractors, affiliates, suppliers, and licensors from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses — including reasonable attorneys' fees and court costs — arising out of or relating to:

• Your access to or use of the Website or services;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or proprietary right;
• Any inaccurate, misleading, or false information you provide to us;
• Your negligent or intentional misconduct;
• Any dispute between you and another user of our services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You shall not settle any such claim without our prior written consent. We 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

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 solely for your convenience. We have no control over and assume no responsibility for the content, privacy policies, terms of use, or practices of any third-party websites or services.

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 your use of or reliance on any such third-party content, goods, or services. We strongly encourage you to review the terms and privacy policies of any third-party websites you visit.

10. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Cafe Rio's principal place of business is located, without regard to its conflict of law provisions. To the extent applicable, the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of our services that is not subject to arbitration shall be instituted exclusively in the federal or state courts of competent jurisdiction located in the United States. You hereby consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

Where applicable and to the extent you are a California resident, your rights may also be governed by the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and other California-specific statutes. Our practices regarding your personal information are further described in our Privacy Policy.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us directly and attempt to resolve the dispute informally by sending a written notice to [email protected] describing the nature of your dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receipt of your notice. If the dispute is not resolved within that period, either party may proceed to formal dispute resolution as described below.

11.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes that qualify for small claims court and except as otherwise provided herein, you and Cafe Rio agree that any dispute, claim, or controversy arising out of or relating to these Terms, the breach thereof, or your use of our Website or services shall be resolved exclusively through binding individual arbitration administered 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 the United States, and the arbitrator's decision shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You and Cafe Rio each waive any right to a jury trial with respect to any dispute covered by this arbitration agreement.

11.3 Class Action Waiver

YOU AND CAFE RIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. Unless both parties agree otherwise in writing, 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.

11.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of that party's intellectual property rights. Either party may also bring claims in small claims court if the claim qualifies.

12. Term and Termination

These Terms shall remain in full force and effect while you use our Website or services. We reserve the right to suspend or terminate your access to the Website and services, with or without cause and with or without notice, at our sole discretion, including but not limited to situations where:

• You violate any provision of these Terms;
• We are required to do so by law or court order;
• We cease to operate our Website or services;
• Your conduct may harm or create liability for Cafe Rio, its users, or third parties;
• We reasonably suspect fraudulent, abusive, or illegal activity associated with your account.

Upon termination of your access to our services, any outstanding orders will be fulfilled or cancelled at our discretion, and any outstanding payment obligations shall remain due and payable. The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4 (Intellectual Property), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 11 (Dispute Resolution), and 15 (Severability).

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination.

13. Changes to Terms of Service

We reserve the right to modify, update, or revise these Terms at any time in our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice such as a prominent notice on our Website or a notification via email to the address associated with your account.

Your continued access to or use of our Website or services after any such changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must immediately discontinue your use of our Website and services.

We encourage you to review these Terms periodically to stay informed about your rights and obligations. It is your responsibility to check this page regularly for any updates.

14. Accessibility

Cafe Rio is committed to ensuring that our Website is accessible to individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) and the requirements of the Americans with Disabilities Act (ADA). If you experience difficulty accessing any portion of our Website, please contact us at [email protected] and we will make reasonable efforts to assist you.

15. Food Safety and Allergen Notice

Cafe Rio takes food safety seriously and is committed to complying with all applicable federal and state food safety regulations, including the requirements established by the U.S. Food and Drug Administration (FDA) and local health authorities. However, we cannot guarantee that any of our products are free from allergens or suitable for individuals with specific dietary requirements.

16. Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of personal information in connection with your use of our Website and services is governed by our Privacy Policy, which is incorporated into these Terms by reference. By agreeing to these Terms, you also consent to the practices described in our Privacy Policy.

To the extent you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know, delete, and opt-out of the sale or sharing of your personal information. Please refer to our Privacy Policy for more information or contact us at the email address below.

17. Electronic Communications

By using our Website or creating an account, you consent to receive electronic communications from Cafe Rio, including but not limited to order confirmations, receipts, promotional offers, and updates to our Terms and policies. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You may opt out of receiving promotional communications from us at any time by following the unsubscribe instructions included in any promotional email or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, we may still send you transactional or administrative messages related to your orders or account.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any additional terms and conditions applicable to specific services or promotions, constitute the entire agreement between you and Cafe Rio with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, warranties, and understandings — whether oral or written — between you and Cafe Rio relating to such subject matter.

No waiver by Cafe Rio of any term or condition set out 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, and any failure of Cafe Rio to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by such invalidity or unenforceability.

The parties agree that if any provision of these Terms is determined to be unenforceable, the arbitrator or court shall replace it with a valid provision that most closely approximates the intent and economic effect of the original provision. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction.

20. No Waiver

No failure or delay by Cafe Rio in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.

21. Force Majeure

Cafe Rio shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or orders, civil unrest, power outages, internet or telecommunications failures, supplier disruptions, or any other event beyond our reasonable control. In such circumstances, we will make reasonable efforts to resume performance as soon as practicable.

22. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation, please contact us using the information provided below: