Terms of Service

Effective Date: June 4, 2026  |  Last Updated: June 4, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Via 313 ("Company," "we," "us," or "our"), governing your access to and use of the website food-via313.rest (the "Website") and all related food services, online ordering platforms, content, features, and functionality made available by Via 313 (collectively, the "Services").

By accessing our Website, placing an order, creating an account, or otherwise engaging with any of our Services, you affirm that:

• You are at least 18 years of age, or if you are between 13 and 17 years of age, you have obtained verifiable parental or legal guardian consent;
• You have read, understood, and agree to be bound by these Terms;
• You have the legal capacity and authority to enter into this Agreement;
• You are not prohibited by any applicable law from using our Services.

These Terms apply to all visitors, users, customers, and others who access or use our Services. Your continued use of the Website following the posting of any modifications to these Terms constitutes your acceptance of such modifications.

2. Description of Services

Via 313 is a food service business operating within the United States. Our Services include, but are not limited to, the following:

• Online Food Ordering: We offer an online ordering platform through our Website that allows customers to browse our menu, customize food items, and place orders for pickup or delivery where available.
• Menu Information: Our Website provides detailed descriptions, photographs, and pricing information for all food and beverage items available for order.
• Promotional Offers: From time to time, we may offer coupons, discount codes, loyalty rewards, or special promotions accessible through our Website or associated platforms.
• Customer Communications: With your consent, we may send you order confirmations, updates, newsletters, and marketing communications related to our food services.
• Catering and Event Services: Where applicable, we may offer catering packages and bulk food orders for events, subject to separate agreements and availability.
• Third-Party Delivery Integration: We may partner with third-party delivery service providers to fulfill delivery orders. Such third-party services are subject to their own terms and conditions.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Services, you agree to the following obligations:

• Provide accurate, current, and complete information when placing orders or creating an account, including your name, contact information, delivery address, and payment details;
• Maintain the security and confidentiality of any account credentials, including usernames and passwords;
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account or breach of security;
• Use our Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our Services;
• Treat our staff, delivery personnel, and other users with respect and dignity.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities in connection with our Services:

• Fraudulent Orders: Placing orders without the intent to pay, using stolen or unauthorized payment methods, or providing false personal or financial information;
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, databases, or accounts of other users through hacking, password mining, or any other means;
• Scraping and Data Mining: Using automated scripts, bots, crawlers, or data mining tools to collect information from our Website without our prior written consent;
• Interference: Introducing viruses, malware, Trojan horses, or any other harmful or disruptive code into our systems or Website;
• Misrepresentation: Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Harassment: Harassing, threatening, defaming, or otherwise engaging in abusive behavior toward Via 313 staff, employees, agents, or other customers;
• Resale: Reselling our food products or Services for commercial purposes without prior written authorization;
• Intellectual Property Violations: Copying, reproducing, distributing, or creating derivative works of any content on our Website without express written permission;
• Illegal Activities: Using our Services for any purpose that violates applicable federal, state, or local laws, including but not limited to money laundering, fraud, or any other criminal activity;
• False Reviews: Submitting fake, misleading, or incentivized reviews or ratings of our products or services on our Website or third-party platforms.

We reserve the right, in our sole discretion, to terminate or restrict your access to our Services if you engage in any prohibited activities, without prior notice and without liability to you.

4. Account Registration and Security

Some features of our Services may require you to register for an account. When you register, you agree to provide truthful and accurate information and to keep such information up to date. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Via 313 reserves the right to suspend or terminate your account at any time for any reason, including but not limited to a violation of these Terms, suspected fraud, or extended inactivity. You may also delete your account at any time by contacting us at [email protected].

5. Intellectual Property Rights

5.1 Ownership of Content

The Website and all of its content, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, menu designs, branding, and software (collectively, "Content"), are the exclusive property of Via 313 or its licensors and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

All trademarks, service marks, trade names, logos, and trade dress displayed on the Website are proprietary to Via 313 or their respective owners. Nothing in these Terms grants you any right or license to use any such intellectual property without the prior written consent of Via 313 or the applicable rights holder.

5.2 Limited License to Users

Subject to your compliance with these Terms, Via 313 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial purposes of placing food orders and using our Services as intended. This license does not include the right to:

• Sell or commercially exploit any Content from the Website;
• Modify, copy, reproduce, or create derivative works based on any Content;
• Use any data mining, robots, or similar data gathering or extraction methods on our Website;
• Download or copy account information for the benefit of any third party;
• Use any meta tags or other hidden text utilizing Via 313's name or trademarks.

5.3 User-Submitted Content

If you submit any content to our Website, including reviews, photographs, feedback, comments, or suggestions ("User Content"), you grant Via 313 a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not infringe any third-party intellectual property rights.

6. Ordering, Pricing, and Payment Terms

6.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected food items at the prices listed. All orders are subject to acceptance by Via 313. We reserve the right to refuse or cancel any order at any time, including after confirmation, if we suspect fraud, if the item is unavailable, or for any other legitimate business reason.

6.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Prices are subject to change without notice. We make every effort to ensure that pricing information displayed on our Website is accurate; however, errors may occur. In the event of a pricing error, we reserve the right to correct the error and charge the correct price or to cancel the order and provide a full refund.

6.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed on our Website at the time of checkout. By providing your payment information, you represent that you are authorized to use the designated payment method and authorize Via 313 to charge the total order amount, including applicable taxes and fees, to your designated payment method.

6.4 Taxes

You are responsible for paying all applicable federal, state, and local taxes associated with your purchase. Sales tax will be calculated and applied to your order as required by applicable law.

6.5 Refunds and Cancellations

Given the perishable nature of food products, all sales are generally final. Refunds or replacements may be offered at the sole discretion of Via 313 in cases where an order is incorrect, items are missing, or the quality of the food does not meet our standards. To request a refund or report an issue, please contact us at [email protected] within 24 hours of receiving your order.

6.6 Delivery and Pickup

Estimated delivery and pickup times are approximations only and are not guaranteed. Via 313 shall not be liable for delays caused by high order volumes, traffic conditions, weather events, or other circumstances beyond our reasonable control. Delivery availability and geographic coverage areas are subject to change without notice.

7. Food Allergen and Nutritional Disclaimer

Via 313 takes food safety seriously; however, we cannot guarantee that our food products are free from allergens. Our kitchen and food preparation areas may handle or come into contact with common allergens including, but not limited to, wheat, gluten, eggs, dairy, nuts, peanuts, soy, fish, and shellfish.

Nutritional information, ingredient lists, and allergen disclosures provided on our Website are for general informational purposes only and may be subject to change. If you have a food allergy, sensitivity, or dietary restriction, you are strongly encouraged to contact us directly at [email protected] before placing an order. Via 313 is not liable for any adverse reactions or health consequences resulting from consumption of our food products by individuals with known or unknown food allergies or dietary restrictions.

8. Disclaimers and "As-Is" Basis

Via 313 does not warrant or make any representations regarding the use or the results of the use of the Website in terms of their accuracy, reliability, or otherwise. You assume all responsibility and risk for your use of the Website and Services.

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 liability shall be limited to the greatest extent permitted by applicable law.

9. Limitation of Liability

In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, our liability shall be limited to the greatest extent permitted by applicable law.

In any event, the total aggregate liability of Via 313 to you for all claims arising out of or related to these Terms or your use of the Services shall not exceed the greater of: (a) the total amount paid by you to Via 313 in the twelve (12) months preceding the event giving rise to the claim; or (b) One Hundred United States Dollars ($100.00 USD).

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if Via 313 has been advised of the possibility of such damages.

10. Indemnification

You agree to defend, indemnify, and hold harmless Via 313 and its officers, directors, employees, agents, licensors, and service providers 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 our Website or Services;
• Your violation of any third-party right, including any copyright, trademark, privacy, or other proprietary right;
• Any claim that your User Content caused damage to a third party;
• Your violation of any applicable federal, state, or local law or regulation;
• Any dispute or issue between you and any third party, including delivery service providers.

Via 313 reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate fully with Via 313 in the defense of such matter.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services, including but not limited to third-party delivery platforms, payment processors, and social media platforms. These links are provided for your convenience only. Via 313 has no control over the content, privacy practices, or terms of such third-party websites or services and does not endorse or assume any responsibility for them.

Your access to and use of any third-party website or service is governed solely by that third party's terms and conditions and privacy policy. Via 313 is not liable for any loss or damage arising from your use of any third-party website, product, or service accessed through links on our Website.

12. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and share your personal information. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy. To the extent applicable, our practices comply with the California Consumer Privacy Act (CCPA) and its amendment, the California Privacy Rights Act (CPRA), as well as the Federal Trade Commission Act (FTC Act) and other applicable federal and state privacy laws.

13. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the state in which Via 313 operates, without regard to its conflict of law provisions.

To the extent permitted by law, you agree that any legal action or proceeding arising out of or related to these Terms or your use of our Services shall be brought exclusively in the appropriate 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.

You acknowledge and agree that these Terms and all incorporated agreements may be subject to applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in commerce. Where applicable, California residents may also have additional rights under the California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.), the California Business and Professions Code § 17200 et seq. (Unfair Competition Law), and related state statutes.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services by contacting Via 313 directly at [email protected]. We will attempt in good faith to resolve any such dispute informally within thirty (30) days of receiving notice of your complaint or concern.

14.2 Binding Arbitration

If we are unable to resolve a dispute informally, you and Via 313 agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended from time to time.

The arbitration shall be conducted in the English language and shall take place in the United States. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) shall govern the interpretation and enforcement of this arbitration provision.

14.3 Class Action Waiver

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 actual or threatened infringement of intellectual property rights or other immediate, irreparable harm. Nothing in this section shall be deemed to waive any rights that cannot be waived under applicable law.

14.5 Small Claims Court

As an alternative to arbitration, either party may bring an individual action in small claims court in the applicable jurisdiction, provided the claim qualifies for small claims court and remains in that court.

15. Term and Termination

15.1 Term

These Terms of Service shall remain in full force and effect for as long as you use our Website or Services, unless terminated earlier in accordance with this section.

15.2 Termination by You

You may terminate your relationship with Via 313 and stop using our Services at any time by ceasing to use our Website and, if applicable, deleting your account. Please note that outstanding obligations (such as payment for completed orders) will survive termination.

15.3 Termination by Via 313

Via 313 reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate your access to the Website and Services at any time, with or without cause, and with or without notice. Grounds for termination may include, but are not limited to:

• Violation of any provision of these Terms;
• Fraudulent, abusive, or illegal conduct;
• Non-payment for completed orders;
• Requests from law enforcement or government authorities;
• Extended periods of account inactivity.

15.4 Effect of Termination

Upon termination of these Terms for any reason, all licenses and rights granted to you under these Terms shall immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, limitation of liability, indemnification, and dispute resolution provisions.

16. Changes to These Terms

Via 313 reserves the right to modify or update these Terms of Service at any time, at our sole discretion. When we make material changes to these Terms, we will provide notice by updating the "Last Updated" date at the top of this page and, where appropriate, by sending you an email notification to the address associated with your account or by posting a prominent notice on our Website.

Your continued access to or use of our Services after any changes to these Terms have been posted constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must cease using our Website and Services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

17. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of the remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, while preserving the original intent of the parties to the greatest extent possible.

The failure of Via 313 to enforce any provision of these Terms shall not be construed as a waiver of that provision or of the right to enforce it at a later time. No waiver by Via 313 of any breach of these Terms shall be deemed a waiver of any subsequent breach.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Via 313 on the Website, constitute the entire agreement between you and Via 313 with respect to your use of the Website and Services and supersede all prior or contemporaneous communications, representations, and agreements, whether oral or written, between you and Via 313 regarding such subject matter.

No oral or written information or advice given by Via 313 or its agents shall create a warranty or in any way increase the scope of Via 313's obligations under these Terms. You may not assign or transfer any of your rights or obligations under these Terms without Via 313's prior written consent. Via 313 may freely assign or transfer its rights and obligations under these Terms without restriction.

19. 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 caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, war, terrorism, labor disputes, power outages, internet service interruptions, or supply chain disruptions. In any such event, Via 313 shall make commercially reasonable efforts to resume normal operations as soon as practicable.

20. Compliance with Laws

You agree to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances in connection with your use of our Services, including but not limited to food safety regulations, consumer protection laws, and applicable tax laws. Our Services are intended for use within the United States. Via 313 makes no representation that the Website or Services are appropriate or available for use outside of the United States, and access to or use of the Website from territories where its content is illegal is prohibited.

21. Electronic Communications

By using our Website or Services, you consent to receive electronic communications from Via 313, including but not limited to order confirmations, receipts, promotional offers, and legal notices. These electronic communications may be delivered by email to the address you provided or by posting notices on our Website. You agree that all such communications satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications at any time by following the unsubscribe instructions provided in such communications or by contacting us directly.

22. Accessibility

Via 313 is committed to making our Website accessible to individuals with disabilities. We strive to comply with applicable accessibility standards under the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing our Website, please contact us at [email protected] so that we can provide assistance or make appropriate accommodations.

23. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your rights, or our Services, please do not hesitate to contact us using the information below:

We will make every effort to respond to all inquiries within a reasonable timeframe. For urgent matters related to food safety, order issues, or account security, please use the email address above and clearly indicate the nature of your concern in the subject line.