Terms of Service

Effective Date: July 1, 2026  |  Last Updated: July 1, 2026

1. Acceptance of Terms

These Terms of Service 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 Site new-via313.click and all related food products, services, content, features, and functionality made available through the Site or in connection with our business operations.

By visiting the Site, creating an account, placing an order, subscribing to a mailing list, or otherwise engaging with any portion of our digital or physical services, 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 under applicable law;
• You have the authority to accept these Terms on behalf of yourself or, if applicable, on behalf of any business or organization you represent;
• You consent to the collection and use of your information as described in our Privacy Policy, which is incorporated herein by reference.

If you are accessing or using the Site on behalf of a company, organization, or other legal entity, you represent and warrant that you have full authority to bind such entity to these Terms, and all references to "you" in these Terms shall apply to that entity as well as to you individually.

2. Description of Services

Via 313 is a food business operating in the United States that provides customers with access to food products, menu items, online ordering, catering inquiries, and related services through the Site and through any physical or partner locations we may operate or affiliate with. Our services include, but are not limited to:

• Online Ordering: Customers may browse our menu, place orders for pickup or delivery (where available), and pay for orders through the Site or through third-party delivery platforms we partner with.
• Catering Services: We may offer catering options for events, corporate orders, or large group meals, subject to availability and separate catering agreements.
• Account Management: Registered users may create and manage a personal account to track orders, save preferences, and receive promotional communications.
• Loyalty Programs and Promotions: From time to time, we may offer reward programs, discount codes, promotional deals, or special offers subject to their own terms and conditions.
• Informational Content: The Site provides general information about our menu items, ingredients, nutritional data (where available), business hours, and locations.
• Customer Support: We provide customer support via email at [email protected] to assist with orders, complaints, feedback, and general inquiries.

We reserve the right to modify, suspend, discontinue, or restrict access to any part of our services at any time without prior notice or liability. Not all services may be available in all geographic areas. The availability of menu items is subject to change without notice based on ingredient availability, seasonality, or operational decisions.

Via 313 does not guarantee that the Site or services will be available at all times, error-free, or uninterrupted. Scheduled maintenance, technical issues, or circumstances beyond our control may affect availability.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account, placing an order, or communicating with us;
• Maintain the security of your account credentials and immediately notify us of any unauthorized access;
• Use the Site and services only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations;
• Comply with all applicable health and safety requirements when collecting or receiving food orders;
• Pay all amounts owed to Via 313 for orders placed through the Site or through affiliated channels;
• Notify us promptly of any food safety concerns, allergic reactions, or quality issues related to products received from us;
• Treat our employees, contractors, and representatives with courtesy and respect in all communications.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities in connection with the Site or our services:

• Placing fraudulent, false, or fictitious orders with no intent to pay or receive the order;
• Using the Site to engage in any form of deception, fraud, misrepresentation, or identity theft;
• Attempting to gain unauthorized access to any part of the Site, our servers, databases, or connected systems;
• Scraping, crawling, harvesting, or otherwise automatically extracting data from the Site without our express written permission;
• Uploading, transmitting, or distributing any viruses, malware, spyware, or other harmful code through the Site;
• Using the Site to harass, threaten, defame, or intimidate any individual, including Via 313 employees or other customers;
• Posting false or misleading reviews, ratings, or feedback about our products or services;
• Violating any intellectual property rights of Via 313 or any third party, including reproducing our menus, logos, images, or content without authorization;
• Attempting to reverse-engineer, disassemble, decompile, or otherwise manipulate the Site or its underlying technology;
• Using our services for any commercial purpose other than lawfully ordering food products for personal, family, or household use, unless you have entered into a separate written commercial agreement with us;
• Circumventing or attempting to circumvent any technological protection measures or security features on the Site;
• Engaging in any activity that disrupts or interferes with the normal operation of the Site or our business.

Via 313 reserves the right, in its sole discretion, to suspend or terminate your access to the Site and services without notice if we believe you have violated these Terms or engaged in any prohibited activity. We also reserve the right to report illegal activity to appropriate law enforcement authorities.

4. Intellectual Property Rights

All content, materials, and elements available on or through the Site, including but not limited to text, graphics, logos, icons, photographs, images, menu descriptions, videos, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade names, and other intellectual property (collectively, "Content"), are the exclusive property of Via 313 or its content suppliers and are protected by applicable United States federal and state intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and the Lanham Act (15 U.S.C. § 1051 et seq.).

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

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for personal, non-commercial purposes in connection with ordering food and using our services. This license does not include the right to:

• Modify, reproduce, distribute, or create derivative works based on the Content;
• Use the Content for any commercial purpose or public display;
• Remove or alter any copyright, trademark, or other proprietary notices;
• Transfer the license to any third party or use the Content on any other website or platform.

Any unauthorized use of the Content immediately terminates the license granted herein. Via 313 reserves all rights not expressly granted in these Terms.

If you believe that any content on the Site infringes upon your copyright, please send a written notice to our contact email at [email protected] in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Online Ordering and Payment Terms

5.1 Order Placement

When you place an order through the Site, you represent that you are authorized to use the payment method provided and that the information you supply is true, correct, and complete. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to, product unavailability, errors in product or pricing information, or suspected fraud.

5.2 Pricing and Taxes

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable federal, state, or local sales taxes, which will be calculated and added to your order total at checkout. Via 313 strives to display accurate pricing information, but we do not warrant that prices are error-free. In the event of a pricing error, we reserve the right to cancel orders placed at the incorrect price and notify you accordingly.

5.3 Payment Processing

Payments made through the Site are processed by third-party payment processors. By submitting payment information, you authorize Via 313 and its payment processors to charge the applicable amounts to your designated payment method. Via 313 does not store full credit or debit card numbers on its own servers. Your payment information is subject to the privacy policy and security practices of the applicable payment processor.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been accepted and preparation has begun. However, if you receive an incorrect, missing, or quality-deficient item, you must contact us at [email protected] within a reasonable time of receiving your order. We will review your complaint on a case-by-case basis and may, at our discretion, offer a replacement, store credit, or partial refund. Refunds are not guaranteed and are subject to our investigation of the reported issue.

5.5 Third-Party Delivery Platforms

Via 313 may make its products available through third-party food delivery platforms. Orders placed through such platforms are governed by the terms and conditions of those platforms, and Via 313 assumes no liability for the conduct, pricing, errors, or service failures of third-party delivery providers.

6. Food Allergen and Nutritional Disclaimer

Via 313 makes reasonable efforts to provide accurate information regarding ingredients and common allergens present in our food products. However, our food products are prepared in facilities that may handle and process common allergens including, but not limited to, wheat, gluten, dairy, eggs, nuts, peanuts, soy, fish, and shellfish. Cross-contamination is possible.

You are solely responsible for making informed decisions about the food you consume, particularly if you have food allergies, dietary restrictions, or medical conditions. Via 313 strongly encourages customers with food allergies or sensitivities to contact us directly before placing an order. We cannot guarantee that any menu item is completely free from any particular allergen.

Nutritional information provided on the Site is approximate and may vary based on preparation methods, ingredient substitutions, and portion sizes. Via 313 shall not be liable for any adverse health effects, allergic reactions, or medical complications arising from the consumption of our food products where the customer has not disclosed known allergies or dietary restrictions prior to ordering.

7. Disclaimers — "As-Is" Basis

THE SITE 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, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE SITE;
• WARRANTIES THAT DEFECTS IN THE SITE WILL BE CORRECTED;
• WARRANTIES THAT THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

VIA 313 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR IN CONNECTION WITH OUR SERVICES.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, Via 313's liability is limited to the maximum extent permitted by applicable law.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND APPLICABLE STATE CONSUMER PROTECTION STATUTES, VIA 313, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE EXCEPT TO THE EXTENT DIRECTLY CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
• ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY DAMAGE OR LOSS RESULTING FROM YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE;
• ANY MATTERS BEYOND OUR REASONABLE CONTROL.

IN NO EVENT SHALL VIA 313'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO VIA 313 IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF VIA 313 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN THOSE STATES.

9. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Via 313 and its officers, directors, shareholders, employees, contractors, agents, affiliates, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, causes of action, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to:

• Your access to or use of the Site or services;
• Your violation of these Terms or any applicable law, regulation, or ordinance;
• Your violation of any third party's rights, including intellectual property rights, privacy rights, or proprietary rights;
• Any content or materials you submit, post, upload, or transmit through the Site;
• Your fraudulent, negligent, or intentionally wrongful conduct;
• Any dispute or transaction between you and any third party in connection with our services;
• Your failure to disclose known food allergies or dietary restrictions prior to ordering.

Via 313 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate fully with Via 313's defense of such claims. You may not settle any claim subject to indemnification under this section without Via 313's prior written consent.

10. 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 applicable state laws of the state in which Via 313 is registered and primarily operates, without regard to any conflicts of law principles that would require application of the laws of a different jurisdiction.

Subject to the dispute resolution provisions set forth in Section 11 below, you agree that any legal action, suit, or proceeding arising out of or relating to these Terms or your use of the Site and services shall be brought exclusively in the federal or state courts of competent jurisdiction located within the United States, and you hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection based on improper venue or inconvenient forum.

These Terms are subject to applicable United States federal law, including but not limited to:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices in commerce;
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030) governing computer fraud and unauthorized access;
• The Digital Millennium Copyright Act (17 U.S.C. § 512) governing online copyright protection;
• The Electronic Communications Privacy Act and applicable state privacy laws;
• Applicable state consumer protection statutes and food safety regulations, including applicable state health codes and food service regulations.

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as detailed in our Privacy Policy.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site and services by contacting Via 313 directly at [email protected]. We will make good-faith efforts to resolve your concern within thirty (30) calendar days of receiving written notice of the dispute. This informal resolution process is a prerequisite to initiating arbitration or litigation.

11.2 Binding Arbitration

If the dispute is not resolved through informal means within thirty (30) days, the parties agree that any unresolved dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our services — including questions about the validity, enforceability, or scope of this arbitration clause — shall be resolved exclusively by binding individual arbitration under the rules of the American Arbitration Association (AAA) Consumer Arbitration Rules, as modified by this agreement. Arbitration shall be conducted in English, in the United States, unless the parties mutually agree otherwise.

The arbitrator shall have the authority to award any remedy that a court of competent jurisdiction could award, including injunctive relief and attorneys' fees where authorized by law. The arbitrator's award shall be final and binding on both parties, and judgment may be entered upon the arbitrator's award in any court of competent jurisdiction.

11.3 Class Action Waiver

11.4 Exceptions

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 without first engaging in informal dispute resolution or arbitration.

If any portion of this dispute resolution provision is found to be unenforceable, such portion shall be severed and the remaining portions shall remain in full force and effect.

12. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Site or any of our services. Via 313 reserves the right, in its sole discretion and without prior notice or liability, to:

• Terminate or suspend your access to the Site and all associated services for any reason, including violation of these Terms;
• Deactivate or delete any user account and all related data;
• Refuse service to any individual or entity for any lawful reason;
• Discontinue the Site or any portion of our services permanently or temporarily.

You may terminate your use of the Site at any time by simply discontinuing access. If you have a registered account, you may also request deletion of your account by contacting us at [email protected].

Upon termination for any reason:

• Your right to access and use the Site and services will immediately cease;
• All outstanding payment obligations owed to Via 313 shall remain due and payable;
• Provisions of these Terms that by their nature should survive termination — including intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law — shall survive termination and remain in full force and effect.

Termination of your access shall not constitute a waiver of any rights or remedies that Via 313 may have against you under these Terms or applicable law.

13. Changes to These Terms

Via 313 reserves the right to modify, amend, or update these Terms of Service at any time in its sole discretion. Changes will be effective immediately upon posting the revised Terms to the Site, unless otherwise specified. The "Last Updated" date at the top of this page will reflect when the most recent changes were made.

We will make reasonable efforts to notify you of material changes to these Terms through one or more of the following methods:

• Posting a prominent notice on the Site;
• Sending an email notification to the address associated with your account (if applicable);
• Displaying a banner or pop-up notification when you next visit the Site.

Your continued access to or use of the Site and services following the posting of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and services immediately.

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 Site or services made in accordance with these Terms.

14. Severability

If any provision, clause, sentence, phrase, or portion of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable for any reason — including as a result of applicable law or public policy — 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 invalid, illegal, or unenforceable provision shall be severed and deemed deleted from these Terms.

In either case, the invalidity, illegality, or unenforceability of any single provision shall not affect or impair the validity, legality, or enforceability of any remaining provisions of these Terms, which shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.

The parties acknowledge and agree that it is their intention that these Terms shall be enforced to the maximum extent permitted by law, and that the invalidity of any specific provision shall not affect the overall enforceability or validity of these Terms as a whole.

15. Entire Agreement and Waiver

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

No failure or delay by Via 313 in exercising any right, power, or privilege under these Terms shall constitute a waiver of such right, power, or privilege. No single or partial exercise of any right, power, or privilege under these Terms shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. Any waiver by Via 313 of any provision of these Terms must be in writing and shall not be deemed a continuing waiver or a waiver of any other provision.

16. Third-Party Links and Content

The Site may contain links to third-party websites, services, or content that are not owned or controlled by Via 313. These links are provided solely for your convenience. 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. The inclusion of any link does not imply endorsement by Via 313 of the linked site or service.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Your interactions with third-party websites and services are solely between you and the third party. Via 313 shall not be responsible or liable for any loss or damage of any sort incurred as a result of any dealings with any third party.

17. Force Majeure

Via 313 shall not be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay results from causes beyond Via 313's reasonable control, including but not limited to: acts of God, natural disasters, epidemics or pandemics, government restrictions or orders, labor disputes or strikes, utility failures, cyberattacks, supply chain disruptions, fire, flood, terrorism, war, or civil unrest. In such events, Via 313 will make commercially reasonable efforts to resume normal operations as quickly as possible and will notify customers of anticipated delays where feasible.

18. Children's Use of the Site

The Site and services of Via 313 are not directed to individuals under the age of 13. We do not knowingly collect personal information from children under 13 years of age. If you are under 13 years old, you may not use the Site or services. If you are between 13 and 18 years of age, you may use the Site only with the involvement and consent of a parent or legal guardian. If we discover that we have inadvertently collected personal information from a child under 13, we will promptly delete such information. If you believe we may have collected information from a child under 13, please contact us at [email protected].

19. Contact Information

If you have any questions, concerns, comments, or requests regarding these Terms of Service, your rights under applicable law, or any aspect of our services, please do not hesitate to contact us. We are committed to addressing your inquiries promptly and thoroughly.

All formal legal notices to Via 313 under these Terms must be sent in writing to our email address listed above. Legal notices sent by email shall be deemed received upon confirmation of delivery. We will make reasonable efforts to respond to all customer inquiries within five (5) business days.