Terms of Service

Effective Date: May 20, 2026 | Last Updated: May 20, 2026

1. Acceptance of Terms

Welcome to Via 313. 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 located at via313-food.rest (the "Site") and all related services, content, features, and functionality offered through the Site (collectively, the "Services").

By accessing or using our Site or Services in any manner, including but not limited to visiting or browsing the Site, placing an order, creating an account, or subscribing to newsletters or promotional communications, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies or guidelines incorporated herein by reference.

These Terms apply to all visitors, users, customers, and others who access or use the Services. If you are using the 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 in that case, "you" and "your" refers to that entity.

If you are under the age of 18, you may only use our Services with the involvement and consent of a parent or legal guardian. We reserve the right to refuse service to anyone for any reason at any time.

2. Description of Services

Via 313 is a food service business operating in the United States. Through our website at via313-food.rest, we offer the following services to our customers:

2.1 Online Ordering

Customers may browse our menu offerings and place orders for food and beverages through our website platform. Orders may be available for pickup, delivery (where applicable), or dine-in depending on location availability and operational hours.

2.2 Menu Information

We provide detailed descriptions of our food and beverage offerings, including ingredients, pricing, and nutritional information where available. We reserve the right to modify, discontinue, or substitute menu items at any time without prior notice.

2.3 Account Services

Users may create accounts on our platform to manage their orders, save preferences, access loyalty rewards (if applicable), and receive communications about promotions, new menu items, and other updates from Via 313.

2.4 Catering and Special Orders

Where applicable, Via 313 may offer catering services or special order options for events, gatherings, and large-group dining. Such services may be subject to additional terms and conditions provided at the time of booking.

2.5 Promotional and Loyalty Programs

From time to time, Via 313 may offer promotional deals, discount codes, loyalty rewards, or other special offers. These programs are subject to their own specific terms and conditions, which will be communicated to users at the time of such promotions.

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 modification, suspension, or discontinuation of the Services.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our Services, you may be required to create a user account. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account.

3.2 Account Security

You agree to notify us immediately of any unauthorized use of your account or any other breach of security at [email protected]. We will not be liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, third parties, or for any other reason.

4. User Obligations and Prohibited Activities

4.1 General Obligations

By using our Services, you agree to:

• Use the Services only for lawful purposes and in accordance with these Terms;
• Provide accurate and truthful information when creating an account or placing orders;
• Comply with all applicable federal, state, and local laws and regulations;
• Respect the intellectual property rights of Via 313 and third parties;
• Maintain the security of your account and promptly report any unauthorized access.

4.2 Prohibited Activities

You agree that you will not, under any circumstances:

Violation of these prohibitions may result in immediate termination of your access to our Services and may expose you to civil or criminal liability under applicable law.

5. Ordering, Payment Terms, and Pricing

5.1 Order Placement

When you place an order through via313-food.rest, you are making an offer to purchase the selected items at the listed prices. All orders are subject to acceptance by Via 313. We reserve the right to refuse, cancel, or limit any order for any reason, including but not limited to product availability, errors in pricing or description, or suspicion of fraudulent activity.

5.2 Pricing

All prices displayed on our website are in United States Dollars (USD) and are subject to applicable federal, state, and local sales taxes. Prices are subject to change at any time without notice. In the event of a pricing error, we reserve the right to cancel any orders placed at an incorrect price and notify the customer accordingly.

5.3 Payment Methods

We accept various forms of payment as displayed at checkout, which may include major credit and debit cards, digital wallets, and other payment methods as made available on our platform. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the full amount of your order.

5.4 Taxes

You are responsible for any and all applicable taxes associated with your purchases. We will collect and remit applicable sales taxes as required by law in jurisdictions where we have a sales tax collection obligation.

5.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared or is in process. If you believe there is an error with your order, please contact us immediately at [email protected]. Refunds or replacements may be issued at our sole discretion on a case-by-case basis. We comply with consumer protection standards as required by the Federal Trade Commission Act (FTC Act) and applicable state consumer protection laws.

5.6 Delivery Terms

Where delivery services are offered, estimated delivery times are provided as estimates only and are not guaranteed. Via 313 is not responsible for delays caused by third-party delivery services, traffic, weather conditions, or other circumstances beyond our reasonable control.

6. Intellectual Property Rights

6.1 Ownership

All content, materials, and information available on or through the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the overall compilation and arrangement thereof (collectively, "Content"), are the exclusive property of Via 313 or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Trademarks

The Via 313 name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Via 313 or its affiliates or licensors. You must not use such marks without the prior written permission of Via 313. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

6.3 Limited License

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 Site and Services for your personal, non-commercial use. This license does not include any right to:

• Resell or commercially exploit the Site or its Content;
• Collect and use any product listings, descriptions, or prices;
• Make any derivative use of the Site or its Content;
• Download or copy account information for the benefit of another merchant;
• Use data mining, robots, or similar data gathering and extraction tools.

6.4 User-Submitted Content

If you submit, post, or otherwise provide any content to us, including reviews, comments, feedback, 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 such User Content and that it does not infringe any third-party rights.

7. Disclaimers and "As-Is" Basis

7.1 "As-Is" Disclaimer

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIA 313 EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 Operational Disclaimers

Via 313 does not warrant that:

• The Site will be uninterrupted, timely, secure, or error-free;
• The results obtained from using the Site will be accurate or reliable;
• The quality of any products, services, information, or other material obtained through the Site will meet your expectations;
• Any errors in the Site will be corrected;
• The Site or its servers are free of viruses or other harmful components.

7.3 Food Allergen Disclaimer

While we make reasonable efforts to provide accurate ingredient and allergen information, we cannot guarantee that our food products are free from allergens. Our food products may contain or have been exposed to allergens including, but not limited to, wheat, gluten, dairy, eggs, nuts, soy, sesame, shellfish, and fish. Customers with food allergies or dietary restrictions are responsible for making informed decisions regarding the suitability of our products. Via 313 shall not be held liable for any allergic reactions or adverse health effects arising from consumption of our food products.

7.4 Third-Party Services

Our Site may contain links to third-party websites, applications, or services. These links are provided for your convenience only. Via 313 has no control over the content of those sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL VIA 313, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities;
• Loss of data or information;
• Business interruption or loss of goodwill;
• Cost of substitute goods or services;
• Personal injury or property damage resulting from your access to and use of our Services;
• Any unauthorized access to or use of our secure servers and/or personal information stored therein;
• Any bugs, viruses, trojan horses, or similar items transmitted through our Services by any third party.

IN ANY CASE, THE 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 YOU PAID TO VIA 313 IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such states, our liability shall be limited to the maximum extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Via 313, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Site or Services in a manner not authorized by these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any User Content you submit, post, transmit, or otherwise make available through the Services;
• Your negligence or willful misconduct.

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 such case, you agree to cooperate with Via 313's defense of such claim.

10. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, and share information about you when you use our Services. To the extent you reside in California, our practices are additionally governed by the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). Please review our Privacy Policy at via313-food.rest for complete information.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state in which Via 313 is registered and operates, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the applicable jurisdiction within the United States. You hereby consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

These Terms are subject to all applicable federal laws and regulations, including but not limited to the Federal Trade Commission Act (FTC Act), the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, and all applicable state laws governing food service, consumer protection, and electronic commerce.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact Via 313 by email at [email protected] and attempt to resolve any dispute informally. Via 313 will use reasonable efforts to resolve your concern within thirty (30) days of receipt. You acknowledge that this informal resolution process is a condition precedent to filing any formal claim.

12.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, OR ANY TRANSACTION WITH VIA 313 SHALL BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 ET SEQ.) GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION.

Arbitration shall be conducted by a mutually agreed-upon arbitration service, such as the American Arbitration Association (AAA) or JAMS, in accordance with their applicable rules. The arbitration shall take place in the jurisdiction where Via 313 operates unless you and Via 313 agree to conduct it by telephone, online, or solely based on written submissions.

12.3 Class Action Waiver

YOU AND VIA 313 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 OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND VIA 313 AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of a dispute. Nothing in this section shall limit Via 313's right to seek injunctive or other equitable relief in connection with any actual or threatened infringement of intellectual property rights.

13. Term and Termination

13.1 Term

These Terms shall remain in full force and effect while you use the Site or Services. We may terminate or suspend your access to the Services at any time, immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

13.2 Effect of Termination

Upon termination of your access to the Services:

• Your right to use the Services will immediately cease;
• Any outstanding payment obligations will immediately become due and payable;
• You must cease all use of any Content obtained from the Services;
• Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

13.3 Your Right to Terminate

You may terminate your account at any time by contacting us at [email protected] or by using any account deletion feature provided within your account settings, subject to any outstanding obligations you may have.

14. Changes to Terms

Via 313 reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will provide notice by one or more of the following methods:

• Posting the revised Terms on the Site with an updated effective date;
• Sending an email notification to the email address associated with your account;
• Displaying a prominent notice on the Site or within your account interface.

Changes to these Terms will become effective immediately upon posting unless otherwise specified. Your continued use of the Site or Services after the posting of revised Terms constitutes your acceptance of such changes. It is your responsibility to check these Terms periodically for changes. If you do not agree to the revised Terms, you must stop using the Services.

For material changes that significantly affect your rights or obligations, we will endeavor to provide at least thirty (30) days' advance notice where reasonably practicable.

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 the law of any jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the validity, legality, and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

The parties agree that if any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it enforceable consistent with the parties' original intent.

16. Waiver

No failure or delay by Via 313 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 of that right, power, or remedy 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.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Via 313 on the Site, shall constitute the entire agreement between you and Via 313 concerning your use of the Site and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter hereof.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

18. Force Majeure

Via 313 shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Via 313's reasonable control, including, without limitation, acts of God, pandemics, epidemics, natural disasters, government actions, civil unrest, fire, flood, severe weather, power outages, internet service disruptions, labor disputes, or supply chain failures. In such events, Via 313 will make commercially reasonable efforts to resume operations as quickly as possible.

19. Electronic Communications

By using our Services or communicating with us electronically, you consent to receive communications from Via 313 electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq.

20. Accessibility

Via 313 is committed to ensuring that our website and Services are accessible to individuals with disabilities in compliance with the Americans with Disabilities Act (ADA) and applicable web accessibility standards. If you experience difficulty accessing any portion of our Site, please contact us at [email protected] and we will work to provide you with reasonable accommodations.

21. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact Via 313 for any reason, please reach out to us using the following contact details: