Terms of Service

Please read these Terms of Service carefully before using the website new-via313.top or any services offered by Via 313. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be legally bound by these Terms of Service. If you do not agree to these terms, you must immediately discontinue your use of our website and services.

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 located at new-via313.top (the "Website"), as well as any related services, products, content, features, and functionality offered by Via 313 (collectively, the "Services").

By visiting our Website, creating an account, placing an order for food or beverages, subscribing to any promotional communications, or otherwise engaging with Via 313 in any digital or physical capacity, you acknowledge that:

• You have read and understood these Terms in their entirety;
• 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 the legal authority to enter into this Agreement on behalf of yourself or the entity you represent;
• You agree to comply with all applicable local, state, and federal laws, including but not limited to those of the United States.

If you are using these Services on behalf of a business, employer, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" will include that entity.

We reserve the right to modify, update, or replace these Terms at any time. Continued use of the Website or Services following the posting of revised Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically.

2. Description of Services

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

2.1 Online Food Ordering

Via 313 offers customers the ability to browse our menu, customize food and beverage orders, and place orders for pickup or delivery through our Website. Menu items, pricing, availability, and service areas are subject to change without notice and may vary based on location, time, and operational capacity.

2.2 Menu and Product Information

We make reasonable efforts to accurately describe our food and beverage offerings, including ingredients, allergen information, nutritional content, and pricing. However, we do not guarantee that all such information is complete, error-free, or up to date at all times. Customers with food allergies, dietary restrictions, or specific nutritional needs are strongly encouraged to contact us directly before placing an order.

2.3 Promotions and Loyalty Programs

From time to time, Via 313 may offer promotional discounts, coupons, loyalty rewards, or special offers. Such promotions are subject to their own specific terms and conditions, which will be disclosed at the time of the offer. Promotions cannot be combined unless explicitly stated and may be withdrawn at any time without notice.

2.4 Catering and Special Events

Via 313 may offer catering services for private events, corporate gatherings, and special occasions. Catering orders are subject to separate agreements, minimum order requirements, advance booking requirements, and cancellation policies, which will be communicated at the time of booking.

2.5 Third-Party Delivery Platforms

Some of our Services may be made available through third-party delivery platforms or applications (e.g., DoorDash, Uber Eats, Grubhub). Your use of such third-party platforms is governed by their respective terms of service and privacy policies. Via 313 is not responsible for the acts, omissions, or policies of third-party platforms.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

As a condition of your use of the 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 notify us of any unauthorized use of your account;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations;
• Treat our staff, contractors, and other customers with respect and courtesy at all times.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Fraudulent Orders: Placing orders with no intention to pay, using stolen payment information, or engaging in any form of payment fraud;
• Unauthorized Access: Attempting to gain unauthorized access to our Website, servers, databases, or systems through hacking, phishing, or any other means;
• Malicious Software: Uploading, transmitting, or distributing viruses, malware, spyware, adware, or any other malicious code;
• Data Scraping: Using automated bots, scrapers, crawlers, or similar tools to extract data from our Website without prior written consent;
• Impersonation: Impersonating any person or entity, including Via 313 employees, representatives, or other users;
• Harassment: Engaging in any conduct that harasses, intimidates, threatens, or harms any individual, including our staff or other customers;
• Spam: Sending unsolicited commercial communications, chain letters, or other forms of spam;
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works from our content without authorization;
• Circumventing Restrictions: Attempting to circumvent any technological protection measures, access controls, or geographic restrictions;
• False Reviews: Submitting false, misleading, or defamatory reviews, ratings, or feedback about Via 313 or its products;
• Reselling: Purchasing our products for the purpose of unauthorized resale or commercial redistribution without our written consent.

Violation of any of the above prohibitions may result in immediate termination of your account, denial of service, and may subject you to civil and/or criminal liability under applicable United States law.

4. Intellectual Property Rights

4.1 Ownership

All content, materials, and intellectual property available on or through the Website and Services — including but not limited to text, graphics, logos, photographs, images, video content, audio content, software, recipes, trade dress, menus, and brand identity — are the exclusive property of Via 313 or its licensors and are protected under applicable United States intellectual property laws, including but not limited to the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable common law rights.

4.2 Limited License

Via 313 grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial purposes in connection with using our Services. This license does not include the right to:

• Reproduce, modify, or create derivative works from any content on the Website;
• Use our trademarks, logos, or brand elements for any purpose without prior written authorization;
• Download, copy, or store any content for purposes other than personal use;
• Reverse-engineer, decompile, or disassemble any software or technology used in the Website.

4.3 User-Generated Content

If you submit, post, or share any content on our Website or through our social media channels, including reviews, photographs, comments, or suggestions ("User Content"), you grant Via 313 a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our business and marketing activities.

You represent and warrant that you own or have the necessary rights to submit such User Content and that your submission does not infringe any third-party intellectual property, privacy, or publicity rights.

5. Payment Terms

5.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales tax, delivery fees, service charges, or gratuity unless otherwise stated. The final total, including all applicable charges, will be displayed before you confirm your order.

5.2 Accepted Payment Methods

Via 313 accepts payment through major credit cards, debit cards, and other payment methods as displayed on the Website at the time of checkout. By submitting payment information, you represent that you are authorized to use the payment method provided and that the billing information is accurate and complete.

5.3 Order Confirmation and Authorization

Upon placing an order, your payment method will be charged. An order confirmation does not constitute a contract of sale until the order has been accepted and processed by Via 313. We reserve the right to refuse, cancel, or modify any order at our sole discretion, including in cases of suspected fraud, pricing errors, or unavailability of menu items.

5.4 Refunds and Cancellations

All sales are generally final. Refunds or credits may be issued at our sole discretion in cases where an order was incorrect, items were missing, or the food was of unsatisfactory quality due to an error on our part. Requests for refunds must be submitted to us within 24 hours of the order by contacting us at [email protected]. We do not guarantee refunds for orders cancelled after preparation has begun.

5.5 Sales Tax

Applicable federal, state, and local sales taxes will be added to your order total as required by law. Via 313 is responsible for collecting and remitting taxes in compliance with applicable United States tax law.

6. Disclaimers

6.1 As-Is Basis

THE WEBSITE AND ALL SERVICES 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 PERMITTED BY APPLICABLE LAW, VIA 313 EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

6.2 No Guarantee of Availability

Via 313 does not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee that menu items will always be available, that orders will be fulfilled within a specific time frame, or that delivery will be available in all locations at all times.

6.3 Food Safety Disclaimer

While Via 313 takes food safety and hygiene extremely seriously and complies with all applicable United States Food and Drug Administration (FDA) regulations and local health department requirements, we cannot guarantee that our food products are free from all allergens, contaminants, or pathogens. Customers are solely responsible for communicating any dietary restrictions, allergies, or medical conditions prior to ordering.

6.4 Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, or services. Via 313 does not endorse, control, or assume responsibility for any third-party content, products, or services. Your interactions with third-party websites are governed by their own terms and privacy policies.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIA 313, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Website or Services;
• Any errors, omissions, or inaccuracies in the content of the Website;
• Unauthorized access to or alteration of your data or transmissions;
• Any food products purchased from Via 313, including adverse reactions due to undisclosed allergies;
• Conduct of third-party delivery partners or service providers;
• Any other matter relating to the Website or Services.

IN NO EVENT SHALL VIA 313'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID 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).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Via 313, its owners, officers, directors, employees, agents, licensors, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorney's fees) arising from or related to:

• Your access to or use of the Website and Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Any content you submit, post, or transmit through the Website;
• Your negligence, willful misconduct, or fraud.

Via 313 reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with Via 313 in the defense of any such claims. You shall not settle any 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 relating to these Terms, the Website, or the Services shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws, without regard to conflict of law principles.

To the extent that any dispute is not subject to arbitration as described in Section 10, you and Via 313 agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the United States and waive any objection to such jurisdiction or venue based on inconvenient forum or any other basis.

Via 313 operates in compliance with applicable United States federal laws and regulations, including but not limited to:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices;
• The Food Safety Modernization Act (FSMA) and applicable FDA regulations;
• The Americans with Disabilities Act (ADA) as applicable to digital accessibility;
• The CAN-SPAM Act governing commercial electronic communications;
• The Children's Online Privacy Protection Act (COPPA) as applicable.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Via 313 at [email protected] and provide a written description of the dispute, including your name, contact information, and a detailed description of the issue and desired resolution. Via 313 will make reasonable efforts to resolve the dispute informally within thirty (30) calendar days of receipt of your notice.

10.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services — including the determination of the scope or applicability of this agreement to arbitrate — shall be resolved by binding arbitration administered by 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. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND VIA 313 EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. 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 class or representative proceeding.

10.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or other proprietary rights, or to address matters involving imminent harm.

10.5 Time Limitation on Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Term and Termination

11.1 Term

These Terms become effective on the date you first access or use the Website or Services and shall remain in full force and effect until terminated by either party in accordance with this Section.

11.2 Termination by You

You may terminate your relationship with Via 313 at any time by discontinuing your use of the Website and Services and, if applicable, closing your account by contacting us at [email protected].

11.3 Termination by Via 313

Via 313 reserves the right, at its sole discretion and without notice or liability, to suspend or permanently terminate your access to the Website and Services for any reason, including but not limited to:

• Violation of these Terms or any applicable law;
• Conduct that is harmful, fraudulent, or damaging to Via 313 or other users;
• Failure to pay for orders or engaging in chargebacks without valid cause;
• Requests by law enforcement or other government agencies;
• Discontinuation or material modification of the Services by Via 313.

11.4 Effect of Termination

Upon termination of your access to the Services, all rights granted to you under these Terms shall immediately cease. Provisions of these Terms that, by their nature, should survive termination shall continue in full force and effect, including but not limited to: intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

12. Changes to Terms

Via 313 reserves the right to amend, modify, or replace these Terms at any time at 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 may, at our discretion, provide additional notice through the Website or via email to the address associated with your account.

Your continued use of the Website or Services after any changes to these Terms constitutes your binding acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately stop using the Website 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 Services or these Terms.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if 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 any other provision of these Terms, all of which shall remain in full force and effect.

The failure of Via 313 to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any provision on one occasion shall not be construed as a waiver of such provision on any other occasion.

14. Additional Provisions

14.1 Entire Agreement

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

14.2 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without the prior written consent of Via 313. Via 313 may freely assign or transfer these Terms, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

14.3 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 events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, civil unrest, acts of terrorism, government actions, labor strikes, supply chain disruptions, or internet and telecommunications failures.

14.4 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns. Nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

14.5 Electronic Communications

By using our Website and Services, you consent to receive electronic communications from Via 313, including but not limited to order confirmations, promotional emails, and service notifications. You agree that any notices, agreements, disclosures, or other communications we send to you electronically satisfy any legal requirement that such communications be in writing.

15. Contact Information

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

We will make reasonable efforts to respond to all inquiries within five (5) business days of receipt. For urgent matters related to food safety, allergic reactions, or order emergencies, please contact us immediately via email at [email protected].