Terms of Service

Please read these Terms of Service carefully before using the website located at eatvia-313.click (the "Site") or any services offered by Via 313 ("Company," "we," "us," or "our"). By accessing or using our Site and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you must immediately discontinue your use of the Site and our services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Site at eatvia-313.click, placing an order, creating an account, or engaging with any service offered by Via 313, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Via 313.

If you are using the Site on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the authority to bind such entity to these Terms. In that case, "you" and "your" shall refer to both the individual user and such entity.

Your continued use of the Site following any posted changes to these Terms shall constitute your acceptance of those changes. We reserve the right to modify these Terms at any time, and it is your responsibility to review these Terms periodically for updates.

You must be at least 18 years of age to use this Site or place orders through our services. By using the Site, you represent and warrant that you are 18 years of age or older. If you are under 18, you may use the Site only with the involvement and consent of a parent or legal guardian, and such parent or guardian agrees to be bound by these Terms on your behalf.

2. Description of Services

Via 313 is a food service business operating in the United States, offering customers the ability to browse our menu offerings, place food orders, make reservations, and engage with our brand online through the Site located at eatvia-313.click. Our services may include, but are not limited to, the following:

• Online Food Ordering: Customers may browse our available food and beverage menu items and place orders for pickup, delivery, or dine-in through our Site or affiliated platforms.
• Menu and Product Information: We provide detailed descriptions, pricing, nutritional information, and ingredient listings for our food and beverage offerings to the best of our ability.
• Customer Account Services: Users may have the option to create personal accounts to manage orders, save preferences, view order history, and access exclusive promotions.
• Promotions and Loyalty Programs: We may from time to time offer promotional discounts, loyalty rewards, coupon codes, or special offers subject to additional terms and conditions.
• Customer Support: We provide customer service through email at [email protected] to assist with inquiries, complaints, and order-related issues.
• Third-Party Integrations: Certain features of our Site may be powered by or integrated with third-party platforms, including but not limited to payment processors, delivery partners, and reservation systems.

Via 313 reserves the right, in its sole discretion, to modify, suspend, or discontinue any aspect of its services, menu offerings, pricing, or features at any time and without prior notice to users. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

By using the Site and our services, you agree to:

• Provide accurate, complete, and current information when creating an account or placing an order, including your name, contact information, delivery address, and payment details.
• Maintain the confidentiality and security of your account credentials, including your username and password, and notify us immediately of any unauthorized access to or use of your account.
• Use the Site and services only for lawful purposes and in accordance with these Terms and all applicable federal, state, and local laws and regulations of the United States.
• Comply with all applicable health and food safety guidelines, particularly if you or someone in your household has known food allergies, dietary restrictions, or medical conditions that may be affected by our food products.
• Accept responsibility for all activities that occur under your account, whether or not authorized by you.

3.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities while using the Site or our services:

• Fraudulent Conduct: Submitting false, misleading, or fraudulent orders, reviews, payment information, or identity claims.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Site, other users' accounts, our servers, or any associated database or system.
• Interfering with Systems: Uploading or transmitting viruses, malware, ransomware, spyware, or any other malicious code designed to disrupt, damage, or interfere with the operation of the Site or related systems.
• Automated Scraping: Using bots, spiders, crawlers, scrapers, or any automated means to access, collect, or extract data from the Site without our prior written consent.
• Intellectual Property Infringement: Copying, reproducing, distributing, displaying, or creating derivative works from any content on the Site without our express written authorization.
• Harassment and Abusive Conduct: Harassing, threatening, intimidating, or engaging in abusive behavior toward Via 313 employees, staff, contractors, or other users of our services.
• Misrepresentation: Impersonating any person, entity, or brand, including Via 313 personnel, or falsely representing your affiliation with any person or entity.
• Circumventing Security: Attempting to probe, scan, or test the vulnerability of the Site or circumvent any authentication or security measures.
• Unlawful Use: Using the Site for any purpose that is illegal under applicable federal, state, or local law in the United States, including but not limited to money laundering, identity theft, or fraudulent chargebacks.
• Spamming: Sending unsolicited communications, advertising, or promotional materials to other users or Via 313 through any channel provided on the Site.
• Reselling: Purchasing our products for the purpose of unauthorized commercial resale without our prior written consent.

Violation of these prohibited activities may result in immediate termination of your account and access to our services, as well as potential legal action under applicable law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and other applicable federal and state statutes.

4. Intellectual Property Rights

All content available on or through the Site at eatvia-313.click, including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, menu designs, recipes, digital downloads, data compilations, software, and all other materials (collectively, "Content"), is the exclusive property of Via 313 or its content licensors and is protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws.

The Via 313 name, logo, branding elements, and any other trade names, service marks, trademarks, or product names displayed on the Site are registered or unregistered trademarks of Via 313 in the United States and may not be used in connection with any product or service without our prior written consent, and particularly in a manner that is likely to cause confusion, disparagement, or discredit to Via 313.

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

• Resell or commercially exploit any portion of the Site or its Content;
• Modify, adapt, translate, or create derivative works based on the Content;
• Download or copy account information for the benefit of another merchant;
• Use data mining, robots, or similar data gathering and extraction tools;
• Frame, mirror, or embed the Site or any portion thereof on any third-party website without our express written consent.

Any unauthorized use of the Content or Site may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes. Via 313 expressly reserves all rights not expressly granted in these Terms.

If you believe that any content on our Site infringes upon your copyright or other intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms and Pricing

By placing an order through the Site or other channels provided by Via 313, you agree to pay all charges associated with your order, including food and beverage prices, applicable taxes, delivery fees, service charges, and any other fees disclosed at the time of checkout.

All prices listed on the Site are in United States Dollars (USD) and are subject to change without notice. Via 313 reserves the right to modify pricing at any time, and updated prices will be reflected on the Site prior to any such change taking effect for new orders.

5.1 Payment Methods

We accept various payment methods as indicated on our Site at the time of checkout, which may include major credit and debit cards, digital wallets, and other electronic payment solutions. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

5.2 Order Confirmation and Acceptance

Placing an order through our Site constitutes an offer to purchase our products. All orders are subject to availability and acceptance by Via 313. We reserve the right to refuse, cancel, or limit any order for any reason, including but not limited to product unavailability, errors in pricing or product information, or suspected fraudulent activity. If we cancel an order after payment has been processed, we will issue a full refund to your original payment method.

5.3 Taxes

You are responsible for the payment of all applicable federal, state, and local sales taxes, use taxes, and other taxes or fees associated with your order. Applicable taxes will be calculated and displayed at checkout based on your order total and applicable jurisdiction.

5.4 Refund and Cancellation Policy

Refunds, cancellations, and exchanges are subject to our refund policy, which may be updated from time to time. Generally, due to the perishable nature of food products, all sales are final once an order has been prepared. If you experience a problem with your order, please contact us immediately at [email protected], and we will work with you to resolve the issue in a timely and fair manner. Chargebacks initiated without first contacting Via 313 may be treated as a violation of these Terms.

6. Disclaimers and "As-Is" Basis

THE SITE AND ALL SERVICES, CONTENT, INFORMATION, AND MATERIALS PROVIDED BY VIA 313 ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE UNITED STATES LAW.

VIA 313 EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
• WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION OR CONTENT ON THE SITE.

6.1 Food Allergen Disclaimer

Via 313 makes reasonable efforts to provide accurate allergen and ingredient information for our menu items. However, we cannot guarantee that any menu item is completely free from allergens, including but not limited to gluten, nuts, dairy, soy, eggs, shellfish, or other common allergens, due to the nature of food preparation in shared kitchen environments. If you have a severe food allergy or dietary restriction, you acknowledge and accept the inherent risks and agree to inform our staff of your specific needs before ordering. Via 313 shall not be liable for any allergic reactions or adverse health effects resulting from the consumption of our food products.

6.2 Third-Party Services

Our Site may contain links to, or integrations with, third-party websites, applications, and services, including delivery platforms, payment processors, and social media sites. Via 313 does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party services. Your interactions with third-party services are governed solely by their respective terms and policies, and we encourage you to review such terms before engaging with them.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW IN THE UNITED STATES, IN NO EVENT SHALL VIA 313, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR OUR SERVICES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM ANY THIRD-PARTY CONDUCT OR CONTENT ON THE SITE;
• ANY OTHER MATTER RELATING TO THE SITE OR OUR SERVICES.

IN NO EVENT SHALL VIA 313'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO VIA 313 IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, VIA 313'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

The limitations of liability set forth in this section shall apply regardless of the legal theory upon which a claim is based, whether in contract, tort (including negligence), strict liability, statute, or otherwise, and even if Via 313 has been advised of the possibility of such damages.

8. Indemnification

You agree to defend, indemnify, and hold harmless Via 313 and its officers, directors, employees, agents, contractors, suppliers, licensors, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of or access to the Site or our services;
• Your violation of any provision of these Terms of Service;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your infringement or misappropriation of any intellectual property or other proprietary rights of Via 313 or any third party;
• Any content you submit, post, transmit, or otherwise make available through the Site;
• Your negligent or wrongful conduct, including fraud or misrepresentation;
• Any dispute between you and another user of the Site or services.

Via 313 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 event you agree to cooperate with Via 313's defense of such claim and shall not settle any such claim without the prior written consent of Via 313.

9. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms, the Site, or Via 313's services shall be governed by and construed in accordance with the laws of the United States of America and applicable state laws, without regard to conflict-of-law provisions that would require the application of the laws of any other jurisdiction.

To the extent that any legal proceedings are necessary and not subject to mandatory arbitration as described in Section 10 below, you and Via 313 hereby irrevocably consent to the personal jurisdiction of the federal and state courts located in the United States for the resolution of any dispute arising from these Terms or your use of our services, and you waive any objection to the laying of venue of any such proceedings in such courts.

Via 313's services are intended for use by individuals located in the United States. We make no representation that the Site or its content is appropriate or available for use in other locations. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

10. Dispute Resolution and Arbitration

10.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our services informally by contacting Via 313 at [email protected]. We will attempt in good faith to resolve any such dispute within thirty (30) days of receiving your notice. If the dispute is not resolved within this period, either party may proceed to formal dispute resolution as described below.

10.2 Binding Arbitration

Except for claims that qualify for small claims court or requests for injunctive or other equitable relief, you and Via 313 agree that any dispute, claim, or controversy arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Site or services, shall be resolved by binding arbitration administered by a recognized arbitration body under its applicable commercial arbitration rules.

The arbitration shall be conducted in English and shall take place in the United States. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own attorneys' fees and costs, unless the arbitrator determines that a claim was frivolous or brought in bad faith.

10.3 Class Action Waiver

YOU AND VIA 313 EACH WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION OR CLASS-WIDE ARBITRATION. All disputes must be brought in the party's individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator shall have no authority to combine or aggregate similar claims or conduct any class-wide proceeding.

10.4 Waiver of Jury Trial

BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES.

11. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you access or use the Site or our services. Via 313 reserves the right, in its sole discretion, to suspend, restrict, or terminate your access to the Site and services, with or without notice, for any reason, including but not limited to:

• Your violation of any provision of these Terms;
• Your engagement in prohibited activities as outlined in Section 3.2;
• Requests by law enforcement or other government authorities;
• Technical, operational, or security issues;
• Extended periods of inactivity of your account;
• Our decision to discontinue or substantially modify the Site or our services.

Upon termination of your access, your right to use the Site and services shall immediately cease, and you must cease all use of the Site and Content. Any 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), 9 (Governing Law), 10 (Dispute Resolution), and 14 (Severability).

You may terminate your account and discontinue use of our services at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations for orders already placed and confirmed.

12. Changes to Terms of Service

Via 313 reserves the right to modify, update, amend, or replace any portion of these Terms of Service at any time and at its sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. We may also provide additional notice of material changes through the Site, via email to registered account holders, or through other reasonable means.

Your continued access to or use of the Site or our services following the posting of any changes to these Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must immediately discontinue your use of the Site and services. We encourage you to review these Terms periodically to stay informed of any updates.

Via 313 shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Site or services carried out in accordance with these Terms.

13. Miscellaneous Provisions

13.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other agreements or policies expressly incorporated by reference herein, constitute the entire agreement between you and Via 313 with respect to your use of the Site and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

13.2 Waiver

No failure or delay by Via 313 in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or privilege shall preclude the further exercise of that right or the exercise of any other right, power, or privilege. Any waiver by Via 313 of any provision of these Terms shall be effective only if in writing and signed by an authorized representative of Via 313.

13.3 Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of Via 313. Via 313 may freely assign, transfer, or delegate its rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, or by operation of law, without restriction and without notice to you.

13.4 Force Majeure

Via 313 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 our reasonable control, including but not limited to acts of God, natural disasters, pandemics, governmental actions, labor disputes, supply chain disruptions, internet or power outages, or other similar events (each, a "Force Majeure Event"). In the event of a Force Majeure Event, we will make reasonable efforts to resume performance as soon as practicable.

13.5 Electronic Communications

By using our Site or services, you consent to receive electronic communications from Via 313, including but not limited to order confirmations, promotional emails (subject to your communication preferences), and notices regarding updates to these Terms. You agree that such electronic communications satisfy any legal requirement that such communications be in writing.

14. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

The parties agree that a court or arbitrator should endeavor to give effect to the parties' original intentions as reflected in the provision, to the greatest extent possible, even if a portion of the provision is found to be unenforceable.

15. California Users — Additional Rights

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). These rights may include the right to know what personal information we collect, the right to delete your personal information, the right to opt out of the sale or sharing of your personal information, and the right to non-discrimination for exercising your privacy rights. For more information about your California privacy rights, please review our Privacy Policy or contact us at [email protected].

California residents also have rights under California Civil Code Section 1789.3 regarding consumer protection and may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

16. FTC Compliance and Consumer Protection

Via 313 is committed to fair and transparent business practices in compliance with the Federal Trade Commission Act (15 U.S.C. § 45) and applicable FTC regulations governing unfair or deceptive acts and practices in commerce. We strive to ensure that all representations made on the Site, including pricing, product descriptions, and promotional claims, are truthful, accurate, and non-misleading.

If you believe that any content or practice on our Site is deceptive, misleading, or violates consumer protection standards, please contact us immediately at [email protected] so that we may promptly investigate and address your concerns.

17. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, your rights, or our services, please do not hesitate to contact Via 313 using the information below. We are committed to addressing your inquiries in a timely and professional manner.