Terms of Service

Please read these Terms of Service carefully before using the website located at bbq-via313.rest or any services offered by Via 313. By accessing or using our website, placing an order, or otherwise interacting 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 cease using our website and services.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and Via 313 ("Company," "we," "us," or "our"), governing your access to and use of the website bbq-via313.rest (the "Website"), including all content, features, products, and services offered through the Website or at our physical locations.

By accessing the Website, creating an account, placing an order online or in person, subscribing to any promotional communications, or otherwise engaging with Via 313 in any manner, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age or have the legal capacity to enter into binding contracts in your jurisdiction;
• You have the authority to bind yourself or the entity you represent to these Terms;
• Your use of our services complies with all applicable federal, state, and local laws.

If you are using our services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the terms "User" and "you" shall refer to both you and such entity.

2. Description of Services

Via 313 is a food and restaurant business dedicated to providing high-quality dining experiences. Our services include, but are not limited to:

• Dine-In Services: On-premises dining at our physical restaurant location(s), where customers may enjoy our full menu of food and beverages in a welcoming environment.
• Takeout and Carryout Orders: Customers may place orders for food and beverages to be picked up at our designated locations.
• Online Ordering: Through our Website at bbq-via313.rest, customers may browse our menu, place orders for pickup or delivery, and make payments electronically.
• Delivery Services: Where available and subject to geographic limitations, Via 313 may offer direct delivery services or partner with third-party delivery platforms.
• Catering Services: Via 313 may offer catering services for private events, corporate gatherings, and other special occasions, subject to availability and separate catering agreements.
• Gift Cards and Loyalty Programs: From time to time, Via 313 may offer gift card purchases and customer loyalty programs subject to their own additional terms and conditions.
• Promotional Offers and Communications: With your consent, Via 313 may communicate special offers, new menu items, and updates via email, SMS, or other channels.
• Informational Content: The Website provides information about our menu, locations, hours of operation, nutritional information, and other relevant details.

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

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Website and services, you agree to:

• Provide accurate, complete, and current information when creating an account or placing an order;
• Maintain the confidentiality and security of your account credentials;
• Promptly notify us of any unauthorized use of your account or any other security breach;
• Use our Website and 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, employees, and other customers with respect and dignity;
• Honor all reservations and orders you place, including timely payment for goods and services received;
• Notify us of any food allergies or dietary restrictions before placing an order, understanding that we cannot guarantee a completely allergen-free environment.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Fraudulent Orders: Placing orders with no intention to pay, using stolen payment credentials, or engaging in any form of payment fraud;
• Misrepresentation: Providing false or misleading information when creating an account, placing an order, or communicating with our staff;
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, databases, or any part of our Website not intended for public access;
• Data Scraping: Using automated tools, bots, scrapers, or similar technologies to extract data from our Website without express written permission;
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works from our content without authorization;
• Harassment: Harassing, threatening, or intimidating our staff, employees, or other customers, whether in person, online, or through any other means;
• Defamation: Posting false, defamatory, or misleading reviews or comments about Via 313 or its employees;
• Interference: Disrupting or interfering with the security, integrity, or performance of our Website or services;
• Illegal Activities: Using our premises, Website, or services in connection with any illegal activity;
• Spamming: Sending unsolicited commercial communications or promotional materials to other users or staff;
• Impersonation: Impersonating Via 313, its employees, or any other person or entity;
• Minor Deception: Misrepresenting your age to obtain alcohol or any age-restricted products or services.

Violation of any of these prohibited activities may result in immediate termination of your access to our services, legal action, and referral to appropriate law enforcement authorities where warranted.

4. Online Ordering and Reservations

When placing orders through our Website or third-party platforms, the following terms apply:

4.1 Order Accuracy

You are solely responsible for reviewing your order for accuracy before submitting it. Via 313 will prepare your order based on the specifications you provide. While our staff will make reasonable efforts to accommodate modifications and special requests, we cannot guarantee that all requests can be fulfilled.

4.2 Order Confirmation

An order is not confirmed until you receive a written or electronic confirmation from Via 313. We reserve the right to reject or cancel any order at our sole discretion, including orders that contain pricing errors or items that are no longer available.

4.3 Estimated Wait Times

All estimated wait times for food preparation and delivery are estimates only and are not guaranteed. Actual times may vary based on order volume, staffing, and other factors beyond our control. Via 313 shall not be liable for any inconvenience caused by delays.

4.4 Menu Availability

Menu items are subject to availability and may change without notice. Seasonal items, limited-time offers, and specialty products may not always be available. We reserve the right to substitute menu items of comparable value when necessary.

5. Payment Terms

5.1 Accepted Payment Methods

Via 313 accepts various forms of payment, including major credit and debit cards, cash (at physical locations), digital wallets, and gift cards where applicable. Accepted payment methods may vary by location and ordering channel.

5.2 Pricing

All prices listed on our Website and menu are in United States Dollars (USD) and are subject to change without notice. Prices displayed do not include applicable taxes, fees, or gratuity unless expressly stated. Via 313 reserves the right to correct pricing errors at any time.

5.3 Taxes

All applicable federal, state, and local sales taxes will be added to your order total at checkout in accordance with the laws of the applicable jurisdiction. You are responsible for all taxes associated with your purchase.

5.4 Refunds and Cancellations

Our refund and cancellation policy is as follows:

• Cancellations: Orders may be cancelled without charge if cancelled before food preparation has begun. Once preparation has started, cancellations may not be accepted, or a cancellation fee may apply.
• Refunds: Refunds are granted at Via 313's sole discretion and only in cases where food is materially different from what was ordered, is unsafe for consumption, or in cases of verified billing errors.
• Disputes: Any payment disputes must be reported to us within 48 hours of the transaction. Failure to report issues within this timeframe may result in denial of a refund.
• Chargebacks: Initiating an unjustified chargeback with your financial institution may result in suspension of your account and pursuit of the full amount owed, including any associated fees.

5.5 Third-Party Payment Processors

We may use third-party payment processors to handle electronic payments. By providing your payment information, you authorize Via 313 and its processors to charge the applicable amounts. Third-party payment processors are subject to their own terms of service and privacy policies.

6. Intellectual Property Rights

6.1 Ownership

All content on the Website, including but not limited to text, graphics, photographs, logos, brand names, slogans, menu designs, recipes, videos, audio clips, software, and the compilation and arrangement thereof (collectively, "Content"), is the exclusive property of Via 313 or its licensors and is protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and related regulations.

6.2 Limited License

Subject to your compliance with these Terms, Via 313 grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for personal, non-commercial purposes, including browsing our menu, placing orders, and obtaining information about our services. This license does not include the right to:

• Copy, reproduce, or distribute any Content;
• Modify or create derivative works based on any Content;
• Use any Content for commercial purposes;
• Remove or alter any copyright, trademark, or proprietary notices.

6.3 Trademarks

The Via 313 name, logo, and all related marks are trademarks of Via 313. You may not use these marks without the prior express written consent of Via 313. Unauthorized use of our trademarks may constitute infringement and could subject you to legal liability.

6.4 User-Submitted Content

If you submit reviews, photos, comments, or other content to our Website or social media channels, you grant Via 313 a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with our business and marketing activities. You represent and warrant that you own or have the necessary rights to grant this license.

7. Food Safety, Allergen Information, and Health Disclaimers

7.1 Allergen Disclosure

Via 313 makes reasonable efforts to provide accurate allergen and ingredient information for our menu items. However, our food is prepared in kitchens where allergens such as peanuts, tree nuts, wheat, soy, dairy, eggs, fish, and shellfish are present. We cannot guarantee that any menu item is completely free from allergens. If you have a severe food allergy, please inform our staff before ordering and exercise your own judgment about the suitability of our food for your individual needs.

7.2 Nutritional Information

Any nutritional information provided on our Website or menu is based on standard recipes and may vary based on portion size, preparation methods, ingredient substitutions, and other factors. This information is provided for informational purposes only and should not be relied upon as medical or dietary advice.

7.3 Alcohol Service

Where Via 313 offers alcoholic beverages, such service is subject to applicable state and local liquor laws. Proof of legal drinking age (21 years in the United States) will be required. Via 313 reserves the right to refuse alcohol service to any person who appears intoxicated or cannot provide valid identification.

8. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIA 313 PROVIDES ITS WEBSITE AND SERVICES ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. VIA 313 SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, VIA 313 DOES NOT WARRANT THAT:

• THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR SECURE AT ALL TIMES;
• THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, OR CURRENT;
• DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED;
• THE WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• THE RESULTS OBTAINED FROM USING OUR SERVICES WILL MEET YOUR EXPECTATIONS.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in full. In such cases, Via 313's warranties are limited to the minimum extent permitted by applicable law.

9. Limitation of Liability

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

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE OUR WEBSITE OR SERVICES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;
• DAMAGES ARISING FROM THIRD-PARTY CONDUCT OR CONTENT;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OUR SERVICES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.

IN ALL CASES, VIA 313'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO VIA 313 IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VIA 313 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you to the full extent stated.

10. Indemnification

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

• Your use or misuse of our Website or services;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any rights of a third party, including intellectual property rights or privacy rights;
• Any content you submit, post, or transmit through our Website;
• Your negligence or willful misconduct;
• Any dispute between you and another user or third party;
• Any claims by your guests, invitees, or others under your account.

Via 313 reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Via 313's defense of such matter. You agree not to settle any matter without the prior written consent of Via 313.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or platforms, including delivery aggregators, social media platforms, and payment processors. These links are provided for your convenience only and do not constitute an endorsement or approval by Via 313 of such third-party services.

Via 313 has no control over and assumes no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party sites you visit. Your interactions with third-party services are governed solely by the applicable third party's terms and policies.

12. Privacy Policy

Your use of our Website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information. By using our services, you consent to the data practices described in our Privacy Policy.

To the extent you are a resident of California, your rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) are set forth in our Privacy Policy. For all users, our data practices are subject to applicable Federal Trade Commission (FTC) regulations and the FTC Act (15 U.S.C. § 45).

13. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (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 applicable state law of the state in which the Via 313 location relevant to your transaction is situated, without giving effect to any conflict of law principles that would require the application of the laws of a different jurisdiction.

Subject to the dispute resolution provisions below, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the applicable jurisdiction of the Via 313 location relevant to your matter. You waive any objection to the laying of venue in such courts and any claim that any proceedings brought in such courts have been brought in an inconvenient forum.

To the extent that any federal law of the United States of America applies, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) and applicable consumer protection statutes, such laws shall apply as required. If you are a California resident, California law, including the California Consumer Privacy Act and the California Business and Professions Code, may provide you additional rights and protections.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute proceeding, you agree to first contact Via 313 directly and make a good-faith effort to resolve the dispute informally. Please contact us at [email protected] with a description of your concern and the relief you are seeking. Via 313 will endeavor to respond within thirty (30) calendar days. If we are unable to resolve the matter informally within sixty (60) days of initial contact, either party may proceed with formal dispute resolution as set forth below.

14.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT OR INVOLVE REQUESTS FOR INJUNCTIVE OR EQUITABLE RELIEF TO PROTECT INTELLECTUAL PROPERTY RIGHTS, ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS, OUR WEBSITE, OR OUR SERVICES SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT.

THE ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 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, misappropriation, or violation of intellectual property rights or confidential information. The parties also retain the right to bring claims in small claims court for disputes that qualify under applicable rules.

14.4 Arbitration Fees

Arbitration fees shall be allocated in accordance with the applicable AAA Consumer Arbitration Rules. Via 313 will bear its own arbitration costs and, where required by applicable rules, may pay a portion of your fees. Each party shall bear its own attorneys' fees unless the arbitrator finds that a party's claims or defenses were frivolous or asserted for an improper purpose.

14.5 Time Limitation

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT WILL BE FOREVER BARRED, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS TO THE CONTRARY.

15. Term and Termination

15.1 Term

These Terms are effective as of the date you first access or use our Website or services and shall remain in full force and effect for so long as you continue to use our Website or services, unless earlier terminated as provided herein.

15.2 Termination by Via 313

Via 313 reserves the right, in its sole discretion, to suspend or terminate your access to our Website and services, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or any applicable law;
• Conduct that Via 313 determines to be harmful to other users, third parties, or Via 313's business interests;
• Fraudulent, abusive, or otherwise unacceptable behavior;
• Technical, security, or operational reasons;
• Cessation of our business operations.

15.3 Termination by You

You may terminate your use of our services at any time by discontinuing access to our Website and, where applicable, by closing your account. If you have an outstanding balance or pending orders at the time of termination, you remain obligated to fulfill such obligations.

15.4 Effect of Termination

Upon termination of these Terms for any reason, your right to access and use our Website and services shall immediately cease. The following provisions shall survive termination: Intellectual Property Rights, Payment Terms (with respect to outstanding obligations), Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive.

16. Changes to Terms

Via 313 reserves the right to modify, amend, or update these Terms at any time, at its sole discretion. When we make material changes to these Terms, we will notify you by:

• Updating the "Last Updated" date at the top of this page;
• Posting a prominent notice on our Website;
• Sending an email notification to the address associated with your account (if applicable).

Your continued use of our Website or services following the posting of updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must immediately discontinue use of our Website and services.

We encourage you to periodically review these Terms to stay informed of any updates. The most current version of these Terms is always available at bbq-via313.rest.

17. Severability

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

The parties agree that if any provision is found unenforceable as applied to any particular circumstance, it may still be applied to other circumstances where it would be enforceable. No provision of these Terms shall be construed against any party solely because that party drafted such provision.

18. 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. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Via 313's rights and remedies under these Terms are cumulative and not exclusive of any other rights or remedies provided by law or equity.

19. Entire Agreement

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

In the event of any conflict between these Terms and any other agreement you may have with Via 313, these Terms shall control unless otherwise expressly stated in a written agreement signed by an authorized representative of Via 313.

20. 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 or results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, labor disputes, supply chain disruptions, power outages, telecommunications failures, fire, flood, or civil unrest. In such circumstances, Via 313's obligations shall be suspended for the duration of the force majeure event.

21. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of Via 313. Via 313 may freely assign its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or operation of law. Any purported assignment in violation of this section is null and void. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

22. Electronic Communications

By using our Website and services, you consent to receive communications from Via 313 electronically, including emails, push notifications, and in-app messages. You agree that all agreements, notices, disclosures, and other communications that Via 313 provides to you electronically satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive promotional communications at any time by following the unsubscribe instructions in our communications or by contacting us directly.

23. Accessibility

Via 313 is committed to ensuring our Website and services are accessible to individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG). If you experience accessibility barriers while using our Website, please contact us at [email protected] and we will make reasonable efforts to provide you with the information or services you need through alternative means.

24. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact Via 313 using the information provided below. We are committed to addressing your inquiries promptly and in good faith.

We will make every effort to respond to your inquiry within a reasonable timeframe. For urgent matters related to food safety, immediate health concerns, or suspected fraudulent activity on your account, please contact us via email with "URGENT" in the subject line, and we will prioritize your message accordingly.