Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at eatvia-313.rest (the "Website") or any services offered by Via 313 ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or otherwise engaging with our services, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

If you do not agree to these Terms, you must immediately discontinue use of our Website and services. These Terms constitute a legally binding agreement between you and Via 313 under the laws of the United States and the applicable state in which we operate.

1. Acceptance of Terms

By accessing the Website at eatvia-313.rest, creating an account, submitting an order, subscribing to any service, or otherwise interacting with Via 313 in any capacity, you confirm that:

• You are at least eighteen (18) years of age, or the age of majority in your jurisdiction, whichever is greater;
• You have the legal capacity to enter into a binding contract;
• You are not barred from receiving services under any applicable law of the United States or other applicable jurisdiction;
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference;
• You will comply with all applicable local, state, federal, and international laws, rules, and regulations in connection with your use of our services.

If you are using our Website or 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 references to "you" shall include both you and that entity.

These Terms apply to all visitors, registered users, customers, and others who access or use our Website and services. Via 313 reserves the right to refuse service to anyone for any reason at any time, consistent with applicable law.

2. Description of Services

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

• Food and Beverage Sales: The preparation and sale of food and beverage items through our physical locations, online ordering system, and any affiliated third-party delivery platforms;
• Online Ordering: The ability to browse our menu, place food orders, and arrange for pickup or delivery through our Website;
• Catering and Special Event Services: Custom catering arrangements for private, corporate, or public events, subject to separate agreements and availability;
• Loyalty and Rewards Programs: Any customer loyalty programs, promotional offers, gift cards, or reward incentives offered by Via 313 from time to time;
• Customer Support and Communication: Assistance provided via email, phone, or other communication channels in connection with our food and beverage services;
• Digital Content: Menu information, recipes, promotions, newsletters, and other content made available through our Website or communication channels.

All services described herein are subject to availability. Via 313 reserves the right to modify, discontinue, or suspend any aspect of our services at any time without prior notice, to the extent permitted by applicable law. We are not liable for any modification, suspension, or discontinuation of services.

Via 313 does not warrant that our services will be uninterrupted, error-free, or completely secure. We make no guarantees regarding the continuous availability of our Website, online ordering platform, or any third-party services we integrate with.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of Via 313's Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or otherwise interacting with our Website;
• Maintain the confidentiality of your account credentials and notify us immediately at [email protected] of any unauthorized use of your account;
• Accept full responsibility for all activities that occur under your account;
• Use our Website and services solely for lawful purposes and in compliance with these Terms;
• Promptly pay all fees, charges, and costs associated with your orders and use of services;
• Comply with all applicable federal, state, and local laws, including those pertaining to food safety, consumer protection, and electronic commerce;
• Cooperate with Via 313 in any reasonable investigation related to your use of our services.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities when using our Website or services:

• Fraudulent Conduct: Providing false, misleading, or inaccurate information in connection with any order, account registration, or communication with Via 313;
• Unauthorized Access: Attempting to gain unauthorized access to any portion of our Website, servers, databases, or systems;
• Interference: Using automated scripts, bots, crawlers, scrapers, or other means to interfere with the proper functioning of our Website or servers;
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works based on our content, trademarks, logos, or other proprietary materials without express written consent;
• Harassment and Abuse: Engaging in harassing, threatening, defamatory, or abusive conduct toward our staff, other users, or any third party in connection with your use of our services;
• Spamming: Sending unsolicited communications, promotional materials, or spam through our platform or using information obtained from our Website;
• Illegal Activities: Using our services in furtherance of any illegal activity, including but not limited to fraud, money laundering, or violation of any applicable law;
• Misuse of Promotions: Exploiting, abusing, or fraudulently redeeming coupons, promotional codes, loyalty rewards, or gift cards in a manner inconsistent with their intended use;
• Reverse Engineering: Attempting to reverse engineer, decompile, or otherwise derive the source code of any software used in connection with our Website or services;
• Data Mining: Collecting or harvesting any personally identifiable information from our Website without authorization;
• Impersonation: Impersonating any person, entity, or Via 313 employee in connection with your use of our Website or services.

Via 313 reserves the right to investigate any suspected violation of these Terms and to take appropriate action, including suspending or terminating your access, reporting violations to law enforcement, or pursuing civil or criminal legal remedies.

4. Intellectual Property Rights

All content available on or through the Website at eatvia-313.rest, including but not limited to text, graphics, logos, photographs, images, audio clips, digital downloads, data compilations, software, menu designs, brand elements, and other materials (collectively, "Content"), is the exclusive property of Via 313 or its licensors and is protected by United States copyright law, trademark law, and other applicable intellectual property laws.

The Via 313 name, logo, and all related marks, trade dress, product names, and service names are trademarks or registered trademarks of Via 313 in the United States. Nothing in these Terms grants you the right to use any of our trademarks, service marks, trade dress, or other branding without our express prior written consent.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Website and its Content solely for your personal, non-commercial use in connection with our food and beverage services. This license does not include:

• Any resale or commercial use of our Website or its Content;
• Any collection or use of product listings, descriptions, prices, or images;
• Any derivative use of our Website or Content;
• Any downloading, copying, or other extraction of account information for the benefit of a third party;
• Any use of data mining, robots, scraping, or similar data-gathering tools.

Any unauthorized use of our intellectual property may result in legal action. If you believe that any Content on our Website infringes your intellectual property rights, please contact us promptly at [email protected].

4.1 User-Submitted Content

If you submit, post, or otherwise provide any content to Via 313 — including reviews, photos, feedback, suggestions, or ideas — you grant Via 313 a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, distribute, and display such content in any medium or format for any lawful business purpose. You represent and warrant that you own or have the right to grant this license and that such content does not infringe any third-party rights.

5. Payment Terms

5.1 Pricing and Fees

All prices for menu items, catering services, and other offerings are listed in United States Dollars (USD) and are subject to change at any time without prior notice. Prices displayed on our Website represent current pricing and may differ from in-store pricing. Applicable sales taxes, service fees, and delivery fees will be calculated and displayed at checkout prior to your order confirmation.

5.2 Payment Methods

Via 313 accepts various forms of payment, which may include major credit cards, debit cards, digital wallets, and other payment methods as indicated on our Website at the time of checkout. By providing your payment information, you represent and warrant that you are authorized to use the payment method and authorize Via 313 to charge the applicable fees to your designated payment method.

5.3 Order Confirmation and Billing

Your order is confirmed only upon receipt of an order confirmation email or notification from Via 313. We reserve the right to cancel or modify any order for any reason, including pricing errors, product unavailability, or suspected fraudulent activity. In the event of a cancellation, we will provide a full refund to your original payment method.

5.4 Refunds and Cancellations

All sales are generally final once food preparation has commenced. Refunds may be issued at the sole discretion of Via 313 in cases involving product quality issues, incorrect orders, or other circumstances determined by our management team. Requests for refunds must be made within a reasonable timeframe and submitted to [email protected]. Catering deposits may be subject to separate cancellation policies as outlined in your catering agreement.

5.5 Gift Cards and Promotional Codes

Gift cards and promotional codes are subject to their own terms and expiration dates. They hold no cash value, are non-refundable, and may not be combined with other promotional offers unless expressly stated. Via 313 is not responsible for lost, stolen, or damaged gift cards.

6. Disclaimers and "As-Is" Basis

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIA 313'S WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VIA 313 EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, MENU INFORMATION, OR OTHER MATERIALS ON OUR WEBSITE;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR WEBSITE OR SERVICES.

6.1 Food Allergy and Dietary Disclaimer

Via 313 makes reasonable efforts to provide accurate information regarding menu ingredients and potential allergens. However, we cannot guarantee that any menu item is completely free from any particular allergen or dietary concern. Our food is prepared in facilities that may handle common allergens including, but not limited to, gluten, dairy, nuts, soy, eggs, shellfish, and fish. If you have a severe food allergy or dietary restriction, please contact us directly before placing an order. Via 313 shall not be liable for any adverse reactions resulting from undisclosed or unknown allergen exposure.

6.2 Third-Party Services Disclaimer

Our Website may contain links to third-party websites, platforms, or services, including delivery aggregators and payment processors. These third-party services are governed by their own terms and privacy policies. Via 313 makes no representations or warranties regarding the accuracy, quality, or reliability of any third-party services and is not responsible for any issues arising from your use of third-party platforms.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND OTHER CONSUMER PROTECTION STATUTES, VIA 313 AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES;
• DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, OUR WEBSITE OR SERVICES;
• DAMAGES RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES RESULTING FROM ANY THIRD-PARTY CONDUCT OR CONTENT ON OUR WEBSITE;
• DAMAGES ARISING FROM ANY FOOD PRODUCT, INGREDIENT, OR ALLERGEN EXPOSURE, EXCEPT AS PROVIDED UNDER APPLICABLE CONSUMER PROTECTION LAW.

IN NO EVENT SHALL VIA 313'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES 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 UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain types of damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law. Nothing in these Terms shall limit or exclude our liability for fraud, gross negligence, willful misconduct, or any other liability that cannot be excluded or limited by applicable law.

8. Indemnification

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

• Your violation of these Terms or any applicable law, regulation, or ordinance;
• Your use or misuse of our Website or services;
• Your infringement of any intellectual property or other rights of any third party;
• Any content you submit, post, or transmit through our Website;
• Your negligent or intentional misconduct;
• Any fraudulent activity undertaken by you in connection with your use of our services;
• Your breach of any representation or warranty made in these Terms.

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

9. Governing Law and Jurisdiction

These Terms of Service and any dispute arising out of or related to them, your use of our Website, or the services provided by Via 313 shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which Via 313 is registered and principally operates, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising from or related to these Terms shall be brought exclusively in the state or federal courts of competent jurisdiction located within the applicable state of Via 313's principal place of business. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue on grounds of inconvenient forum or otherwise.

These Terms shall be subject to all applicable federal laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive trade practices, the Electronic Communications Privacy Act, and any other applicable federal consumer protection statutes. To the extent applicable based on your state of residence, additional consumer protection rights under California law (including the California Consumer Privacy Act / California Privacy Rights Act) or other state-specific legislation may apply.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Via 313 at [email protected] and attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services informally. The parties agree to engage in good faith negotiation for a period of at least thirty (30) days following written notice of any dispute before pursuing formal dispute resolution mechanisms.

10.2 Binding Arbitration

If informal resolution is unsuccessful, you and Via 313 agree that any dispute, claim, or controversy arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity thereof, or your use of our services, shall be resolved by final and binding individual arbitration administered by a recognized arbitration organization under its then-current rules. The arbitration shall take place in the state in which Via 313 principally operates, or via remote proceedings as agreed upon by the parties.

The arbitrator shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Claims involving intellectual property infringement may also be brought in a court of competent jurisdiction without prior arbitration.

11. Term and Termination

11.1 Duration

These Terms become effective when you first access our Website or use our services and shall remain in full force and effect for as long as you continue to access or use our Website or services, unless earlier terminated in accordance with the provisions below.

11.2 Termination by You

You may terminate your agreement with these Terms at any time by discontinuing your use of our Website and services, and, if applicable, closing your account by contacting us at [email protected]. Termination of your account does not relieve you of any obligations or liabilities that arose prior to termination, including any outstanding payment obligations.

11.3 Termination by Via 313

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

• Violation of any provision of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Repeated complaints or reports of misconduct;
• Failure to pay any outstanding balances;
• Requests by law enforcement or government authorities;
• Circumstances beyond our reasonable control.

11.4 Effect of Termination

Upon termination, your right to access and use our Website and services will immediately cease. The following provisions shall survive the termination of these Terms: intellectual property rights, payment obligations, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and any other provisions that by their nature should survive termination.

12. Changes to Terms

Via 313 reserves the right to modify, update, or replace these Terms at any time in our 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 notice on our Website;
• Sending an email notification to the address associated with your account, where applicable.

Your continued use of our Website or services after any modifications to these Terms become effective constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any changes. If you do not agree to the revised Terms, you must discontinue your use of our Website and services.

For material changes that significantly affect your rights or obligations, we will provide at least fifteen (15) days' advance notice before such changes take effect, where reasonably practicable.

13. 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, store, and disclose your personal information in connection with your use of our Website and services. By agreeing to these Terms, you also acknowledge and agree to our Privacy Policy. To the extent applicable under state law, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), additional rights and protections may apply to California residents.

We encourage you to review our Privacy Policy at eatvia-313.rest before using our services. Please contact us at [email protected] with any questions or concerns regarding the handling of your personal data.

14. Accessibility

Via 313 is committed to ensuring that our Website is accessible to individuals with disabilities in accordance with applicable law, including the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience difficulty accessing any portion of our Website due to a disability, please contact us at [email protected] so that we may provide alternative means of access or assist you in obtaining the information or service you need.

15. Force Majeure

Via 313 shall not be liable for any failure or delay in performance of our obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, labor disputes, government actions, supply chain disruptions, utility failures, internet outages, or any other event that is unforeseeable and beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, we will provide notice to you as soon as reasonably practicable and will use commercially reasonable efforts to resume performance as soon as possible. If a Force Majeure Event continues for more than thirty (30) days, either party may terminate the affected services without penalty upon written notice to the other party.

16. Electronic Communications

By using our Website or providing your contact information to Via 313, you consent to receiving electronic communications from us, including but not limited to order confirmations, receipts, marketing emails, promotional offers, and updates regarding our services. You agree that all notices, agreements, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of marketing communications at any time by following the unsubscribe instructions contained in any marketing email or by contacting us at [email protected]. Please note that opting out of marketing communications does not affect the receipt of transactional communications related to your orders or account.

17. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific services or promotions offered by Via 313, 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, both written and oral, regarding such subject matter.

No waiver by Via 313 of any right or provision of these Terms shall be deemed a further or continuing waiver of such right or provision, and any failure by Via 313 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or in conflict with any applicable law or regulation, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, shall be severed from these Terms.

The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, which shall remain in full force and effect. The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that, to the greatest extent possible, achieves the original intent and economic effect of the replaced provision.

19. No Waiver

The failure of Via 313 to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Via 313's waiver of any specific breach or default shall not be construed as a waiver of any subsequent breach or default of the same or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Via 313.

20. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without the prior written consent of Via 313. Any purported assignment in violation of this provision shall be null and void. Via 313 may freely assign or transfer 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 our assets.

21. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, please contact Via 313 using the information below. We strive to respond to all inquiries within a reasonable timeframe during normal business hours.

For formal legal notices, including notices of claims, disputes, or indemnification requests, please submit written notice to us via email at [email protected] with the subject line "Legal Notice – Terms of Service."

© 2026 Via 313. All Rights Reserved. | Terms of Service | Effective: May 27, 2026