Terms of Service

Effective Date: April 2, 2026  |  Last Updated: April 2, 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"), the operator of the website located at vias313.click (the "Website"). By accessing, browsing, or using this Website, submitting an order, creating an account, or otherwise engaging with our services, you expressly agree to comply with and be bound by these Terms, our Privacy Policy, and all applicable federal, state, and local laws of the United States.

These Terms apply to all visitors, users, customers, and others who access or use the Website. If you are using the Website 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 "you" shall refer to both you individually and that entity.

Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes. We reserve the right to update, revise, or modify these Terms at any time, and we encourage you to review this page periodically.

2. About Via 313 and Our Services

Via 313 is a food service business operating in the United States. Our Website provides users with access to the following products and services:

• Online food ordering for pickup, delivery, and/or dine-in (where available)
• Viewing of our menu, pricing, and promotional offerings
• Account registration and management for repeat customers
• Nutritional and allergen information to the best of our ability
• Gift cards, loyalty programs, and promotional offers (as available)
• Customer support and feedback submission
• Catering inquiries and event orders

We reserve the right to modify, suspend, expand, or discontinue any aspect of our services at any time without prior notice. The availability of certain menu items, services, or features may vary based on your geographic location, time of day, or other operational factors.

Via 313 is committed to delivering quality food and hospitality consistent with applicable United States food safety standards, including requirements set forth by the U.S. Food and Drug Administration (FDA), the U.S. Department of Agriculture (USDA), and applicable state and local health department regulations.

3. Eligibility

To use our Website and place orders, you must:

• Be at least 18 years of age, or the age of majority in your state of residence if higher than 18;
• Be a legal resident or citizen of the United States, or otherwise have the legal capacity to enter into a binding contract under applicable law;
• Provide accurate, current, and complete information during registration or checkout;
• Not be prohibited from using the Website under any applicable law or prior agreement with Via 313.

Minors under the age of 13 are strictly prohibited from using this Website in accordance with the Children's Online Privacy Protection Act (COPPA). If we become aware that a minor under 13 has provided personal information through the Website, we will take steps to delete such information promptly.

4. User Account Registration

Certain features of our Website may require you to register for an account. When creating an account, you agree to:

• Provide truthful, accurate, and complete registration information;
• Maintain and promptly update your account information to keep it accurate and current;
• Keep your password confidential and not share it with any third party;
• Accept full responsibility for all activity that occurs under your account;
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.

Via 313 reserves the right to suspend or terminate any account, at our sole discretion, if we suspect fraudulent activity, violation of these Terms, or any other conduct that is harmful to other users, our business, or third parties.

5. User Obligations and Prohibited Activities

By using our Website, you agree to use it only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations. You are solely responsible for all content you submit and all actions you take on or through the Website.

5.1 You Agree to:

• Use the Website only for its intended purpose of browsing and ordering food products and related services;
• Provide accurate payment and contact information when placing orders;
• Treat our staff and other users with respect and courtesy;
• Comply with all applicable local, state, and federal laws.

5.2 Prohibited Activities

You expressly agree NOT to:

• Use the Website for any unlawful, fraudulent, or malicious purpose;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Submit false, misleading, or fraudulent orders or payment information;
• Attempt to gain unauthorized access to any part of the Website, our servers, or any systems connected to the Website;
• Use automated tools, bots, scripts, scrapers, or other methods to collect data from the Website without prior written consent;
• Interfere with or disrupt the integrity or performance of the Website or its related services;
• Upload or transmit any viruses, malware, or other harmful code;
• Post, submit, or transmit any content that is defamatory, obscene, hateful, harassing, threatening, or otherwise objectionable;
• Harvest or collect personal information about other users without their consent;
• Use the Website to send unsolicited communications (spam);
• Reverse engineer, decompile, or disassemble any portion of the Website;
• Use the Website in any manner that could damage, disable, or impair the operation of the site or servers;
• Attempt to circumvent any security or authentication measures on the Website;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website.

Violations of these prohibitions may result in immediate termination of your account, refusal of service, and may be reported to law enforcement authorities where appropriate.

6. Ordering, Pricing, and Payment Terms

6.1 Orders

When you place an order through the Website, you are making an offer to purchase food products and/or services from Via 313. We reserve the right to accept or decline any order at our sole discretion. An order is confirmed only upon your receipt of an order confirmation, whether by email, SMS, or on-screen notification.

Menu items, availability, and pricing are subject to change at any time without prior notice. Via 313 is not responsible for typographical errors or pricing inaccuracies on the Website, and we reserve the right to cancel or correct orders affected by such errors.

6.2 Pricing

All prices listed on the Website are in U.S. Dollars (USD) and are subject to applicable taxes, delivery fees, and service charges. Prices may vary between in-store and online ordering. Promotional pricing is subject to availability and may be withdrawn at any time.

6.3 Payment

We accept payment through various methods as displayed on the Website at the time of checkout. By submitting your payment information, you:

• Represent that you are authorized to use the payment method provided;
• Authorize Via 313 to charge the full order amount, including applicable taxes and fees, to the provided payment method;
• Agree to provide valid and current payment information.

All payment transactions are processed through third-party payment processors. Via 313 does not store full credit card numbers on our servers. By using third-party payment processors, you also agree to their respective terms of service and privacy policies.

6.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. However, if you receive an incorrect or significantly deficient order, please contact us at [email protected] within a reasonable time of receipt. Via 313 will, at its sole discretion, offer a replacement, store credit, or refund as appropriate. We do not guarantee refunds for change-of-mind cancellations after an order has been confirmed and preparation has begun.

7. Delivery and Pickup

Delivery and pickup availability, timing, and geographic coverage may vary. Estimated delivery times are provided as a courtesy and are not guaranteed. Via 313 is not responsible for delays caused by factors outside our reasonable control, including but not limited to traffic, weather, third-party delivery service issues, or high order volume.

If you choose in-store pickup, you are responsible for collecting your order within the designated pickup window. Orders not collected within a reasonable time may be discarded, and refunds will not be issued in such circumstances.

Third-party delivery platforms that may be integrated with our Website are independent contractors and not employees or agents of Via 313. We are not liable for the acts or omissions of third-party delivery services.

8. Allergen and Nutritional Information

The nutritional and ingredient information provided on our Website is for general informational purposes only and should not be relied upon as medical or dietary advice. Customers with specific health conditions, dietary needs, or food allergies should consult with a qualified healthcare professional before consuming our products.

9. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, icons, photographs, images, digital downloads, audio and video clips, data compilations, menu designs, and software (collectively, "Content"), is the property of Via 313 or its content suppliers and is protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and other applicable statutes.

The Via 313 name, logo, and all related marks, trade names, service marks, and trade dress are trademarks of Via 313. Nothing in these Terms grants you any right to use any trademark, service mark, or trade dress of Via 313 without prior written permission.

9.1 Limited License

Via 313 grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for personal, non-commercial purposes related to ordering food and interacting with our services. This license does not permit:

• Reproduction, distribution, or public display of any Content;
• Modification or creation of derivative works based on the Content;
• Commercial use or exploitation of any Content;
• Use of data mining, robots, or similar data gathering or extraction tools.

9.2 User-Submitted Content

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

10. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services (including delivery platforms, social media channels, and payment processors). These links are provided for convenience only. Via 313 does not endorse, control, or assume any responsibility for the content, privacy practices, or terms of any third-party websites or services. Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.

11. Disclaimers — "As-Is" Basis

Some jurisdictions do not allow the exclusion of certain warranties. If these laws apply to you, some of the above disclaimers may not apply, but we limit such warranties to the maximum extent permitted by applicable law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIA 313, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE WEBSITE, ANY CONTENT THEREON, ANY PRODUCTS ORDERED THROUGH THE WEBSITE, OR ANY INTERACTION WITH VIA 313, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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 Website 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 U.S. dollars ($100.00).

The limitations of liability set forth in this section reflect a fair allocation of risk between you and Via 313, and are a fundamental element of the basis of the bargain between the parties. Via 313 would not be able to offer its services on an economically reasonable basis without these limitations.

13. Indemnification

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

• Your access to or use of the Website;
• Your violation of any provision of these Terms;
• Your violation of any applicable law, rule, or regulation;
• Any User Content you submit, post, or transmit through the Website;
• Your infringement of any intellectual property or other rights of any third party;
• Any fraudulent, negligent, or wrongful conduct by you;
• Any dispute between you and a third party arising from your use of the Website.

Via 313 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with Via 313 in asserting any available defense.

14. Privacy Policy

Your use of the Website 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 in connection with the Website and our services. By using the Website, you consent to the collection and use of your information as described in the Privacy Policy.

To the extent applicable to our operations, we comply with relevant provisions of the Federal Trade Commission Act (15 U.S.C. § 45), the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, and other applicable state privacy laws throughout the United States.

15. Food Safety and Compliance

Via 313 operates in compliance with applicable federal, state, and local food safety laws and regulations, including those administered by the U.S. Food and Drug Administration (FDA) under the Food Safety Modernization Act (FSMA) and applicable state health department regulations. We take food safety seriously and maintain standards designed to protect the health and well-being of our customers.

If you believe you have experienced a food safety concern or adverse reaction related to our products, please contact us immediately at [email protected], and where appropriate, please report the concern to your local health department or the FDA's MedWatch program.

16. 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 laws of the state in which Via 313 is headquartered, without regard to any conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Subject to the dispute resolution provisions below, any legal action or proceeding arising out of or related to these Terms or your use of the Website that is not subject to arbitration shall be brought exclusively in the state or federal courts of competent jurisdiction in the state where Via 313 maintains its principal place of business, and you consent to personal jurisdiction and venue in such courts.

17. Dispute Resolution and Arbitration

17.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Via 313 at [email protected] and attempt to resolve the dispute informally. We will use good faith efforts to resolve the dispute within thirty (30) days of receiving your written notice describing the nature of the dispute and the relief sought.

17.2 Binding Arbitration

If the parties are unable to resolve the dispute informally within the thirty (30) day period, any and all disputes, claims, or controversies arising out of or relating to these Terms, the Website, or our services shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, rather than in court. You acknowledge and agree that:

• Arbitration is final and binding and subject to only very limited review by a court;
• The arbitrator shall have the authority to award any remedy or relief that a court could award under applicable law;
• The arbitration will be conducted in English in the United States;
• The arbitrator's fees and AAA administrative fees will be allocated as provided in the AAA Consumer Arbitration Rules;
• Each party shall bear its own attorneys' fees unless the arbitrator finds that a claim or defense was frivolous.

17.3 Class Action Waiver

17.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Nothing in this section prevents either party from filing a complaint with applicable regulatory agencies or consumer protection authorities.

18. Electronic Communications and Consent

By using the Website and providing your contact information, you consent to receive electronic communications from Via 313, including order confirmations, receipts, promotional materials, and service updates. These electronic communications satisfy any legal requirement that communications be in writing. You may opt out of promotional communications at any time by following the unsubscribe instructions in such communications or by contacting us at [email protected].

Transactional and service-related communications (such as order confirmations) are necessary for the operation of your account and cannot be opted out of while maintaining an active account.

19. Term and Termination

These Terms are effective from the date you first access or use the Website and shall remain in full force and effect until terminated as set forth herein.

Via 313 may, at its sole discretion and without prior notice, immediately terminate or suspend your access to the Website and any associated accounts if:

• You breach any provision of these Terms;
• We are required to do so by law or regulatory authority;
• Your conduct is harmful to other users, third parties, or our business interests;
• We decide to discontinue operating the Website or any portion thereof.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion.

Upon termination, your right to use the Website and all associated services will immediately cease. The following provisions of these Terms shall survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination.

20. Changes to Terms of Service

Via 313 reserves the right to modify, update, 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, where appropriate, provide additional notice (such as by email or a prominent notice on our Website).

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

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check this page regularly for any changes.

21. Force Majeure

Via 313 shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics or epidemics, government actions or restrictions, labor disputes, power outages, internet service disruptions, acts of terrorism, civil unrest, or supply chain disruptions. In such circumstances, our obligations shall be suspended for the duration of the force majeure event.

22. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law by a court of competent jurisdiction or an arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect as if the invalid provision had never been included.

23. Waiver

The failure of Via 313 to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Via 313. A waiver on one occasion shall not be construed as a waiver of any right on any other occasion.

24. Entire Agreement

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

No oral or written information or advice given by Via 313 or any of its authorized representatives shall create a warranty or otherwise expand the scope of these Terms.

25. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Via 313. Via 313 may freely assign or transfer its rights and obligations under these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Via 313's assets. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

26. Accessibility

Via 313 is committed to making our Website accessible to all users, including those with disabilities, in compliance with applicable requirements under the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act. If you experience any accessibility issues with our Website, please contact us at [email protected] and we will make reasonable efforts to address your concerns.

27. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your rights, or our services, please contact us using the information below: