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 contract between you ("User," "Customer," "you," or "your") and Via 313 ("Company," "we," "us," or "our"), governing your access to and use of the website vias313.rest (the "Site") and all related services, features, content, and functionality offered by Via 313.

By visiting our Site, creating an account, placing an online order, signing up for a mailing list, or otherwise interacting with our digital platforms, you expressly agree to these Terms. If you are using the Site on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

These Terms apply in addition to any other agreements or policies we may have with you, including but not limited to our Privacy Policy, which is incorporated herein by reference. In the event of a conflict between these Terms and any other agreement you have with us, these Terms shall govern unless expressly stated otherwise.

We reserve the right to modify, update, or replace these Terms at any time in our sole discretion. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.

2. About Via 313

Via 313 is a food service business operating in the United States. We provide customers with access to our menu, online ordering capabilities, reservation information, catering inquiries, promotional materials, and general information about our restaurant and food offerings through our website at vias313.rest.

Our contact information is as follows:

3. Description of Services

Via 313 offers the following services and functionalities through our Site and physical locations:

3.1 Online Ordering and Menu Access

Our website provides customers with the ability to view our current menu offerings, including food items, pricing, descriptions, and allergen information (to the extent available). Users may have the ability to place online orders for pickup or delivery, subject to availability, location, and operational hours. All orders are subject to confirmation and acceptance by Via 313.

3.2 Reservations and Catering

Users may submit reservation requests or catering inquiries through our Site. Submission of a request does not guarantee availability or confirmation. All reservations and catering arrangements are subject to separate confirmation by our staff and may be governed by additional terms communicated at the time of booking.

3.3 Promotional Communications

Users who opt in to our mailing list or promotional programs may receive emails, text messages, or other communications regarding special offers, new menu items, events, and other marketing materials from Via 313. Users may opt out of promotional communications at any time by following the unsubscribe instructions included in each communication or by contacting us directly at [email protected].

3.4 Informational Content

Our Site contains informational content about Via 313, its history, menu philosophy, locations, hours of operation, and other relevant business information. This content is provided for general informational purposes and is subject to change without notice.

3.5 Third-Party Platforms

We may link to or integrate with third-party ordering platforms, delivery services, or payment processors. Use of such third-party platforms is subject to the terms and privacy policies of those third parties. Via 313 is not responsible for the practices, content, or services of any third-party platforms.

4. User Eligibility

The Site and services provided by Via 313 are intended for individuals who are at least thirteen (13) years of age. By using our Site, you represent and warrant that you meet this minimum age requirement. If you are under the age of eighteen (18), you represent that a parent or legal guardian has reviewed and agrees to these Terms on your behalf and consents to your use of the Site.

For the purposes of any transactions involving the purchase of alcoholic beverages (where applicable and legally permitted), you must be at least twenty-one (21) years of age and of legal drinking age under applicable state law. Via 313 reserves the right to refuse service to any individual who cannot verify their legal age for such purchases.

5. User Obligations and Prohibited Activities

By using our Site and services, you agree to comply with all applicable federal, state, and local laws and regulations. You further agree to use the Site only for lawful purposes and in a manner consistent with these Terms.

5.1 Acceptable Use

You agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or submitting any form through our Site;
• Maintain the confidentiality of any account credentials and notify us immediately of any unauthorized use of your account;
• Use the Site and services only for their intended purposes;
• Comply with all applicable laws, regulations, and these Terms at all times.

5.2 Prohibited Activities

You agree that you will NOT:

• Use the Site for any unlawful, fraudulent, deceptive, or harmful purpose;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Submit false, misleading, or inaccurate information to Via 313 or any third-party platform;
• Engage in any conduct that restricts, inhibits, or interferes with the ability of any other user to access or enjoy the Site;
• Attempt to gain unauthorized access to any portion of the Site, our servers, or any systems or networks connected to our Site;
• Introduce, transmit, or distribute any viruses, malware, spyware, ransomware, or other malicious code or software that could damage, disable, or impair the Site or any related systems;
• Use automated tools such as robots, spiders, scrapers, crawlers, or other data mining technologies to extract data from the Site without our express written consent;
• Harvest, collect, or compile personal information about other users without their consent;
• Post, transmit, or distribute any content that is defamatory, obscene, abusive, threatening, harassing, discriminatory, or otherwise objectionable;
• Engage in any activity that could damage the reputation or goodwill of Via 313;
• Circumvent or attempt to circumvent any content-filtering, security, or access-control measures on the Site;
• Place fraudulent, fictitious, or bad-faith orders through our online ordering platform;
• Engage in chargebacks or payment disputes without a legitimate basis for doing so.

Via 313 reserves the right to investigate any suspected violation of these prohibited activities and to take appropriate action, including suspending or terminating your access to the Site, reporting violations to law enforcement authorities, and pursuing civil or criminal remedies to the fullest extent permitted by law.

6. Intellectual Property Rights

6.1 Ownership of Content

All content on the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the overall design and layout of the Site (collectively, "Content"), is the exclusive property of Via 313 or its content suppliers and is protected by United States and international intellectual property laws, including copyright, trademark, trade dress, and other applicable laws.

6.2 Trademarks

The Via 313 name, logo, trade dress, and all related product and service names, designs, and slogans are trademarks and trade dress of Via 313. You may not use any Via 313 trademarks, trade names, or trade dress without our prior written consent. All other trademarks appearing on the Site are the property of their respective owners.

6.3 Limited License

Via 313 grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial use in accordance with these Terms. This license does not include the right to: (a) modify, reproduce, or create derivative works of the Site or its Content; (b) use any data mining, scraping, or similar data extraction tools; (c) download or copy any account information for the benefit of any third party; or (d) use meta tags or any other hidden text utilizing Via 313's name or trademarks without our express written consent.

6.4 User-Submitted Content

If you submit, post, or transmit any content to us, including reviews, comments, photographs, suggestions, or feedback ("User Content"), you grant Via 313 a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our business and marketing activities. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not violate any third-party rights or applicable laws.

7. Online Ordering and Payment Terms

7.1 Order Placement and Acceptance

When you place an order through our Site or any integrated third-party platform, you are making an offer to purchase the selected items at the prices displayed. Via 313 reserves the right to accept or decline any order in its sole discretion. An order is not confirmed until you receive an order confirmation from Via 313 or the applicable platform.

7.2 Pricing and Menu Changes

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without notice. Via 313 makes reasonable efforts to ensure accurate pricing on our Site; however, errors may occur. In the event of a pricing error, we reserve the right to cancel the affected order and notify you accordingly. We are not obligated to honor pricing that is clearly erroneous.

7.3 Payment Processing

Payments for online orders are processed through secure third-party payment processors. By providing your payment information, you represent and warrant that you are authorized to use the payment method provided and that the information you submit is accurate. Via 313 does not store full payment card information on its servers. All payment transactions are subject to the terms of the applicable payment processor.

7.4 Taxes and Fees

All applicable sales taxes, service fees, delivery fees, and any other charges will be calculated and displayed at the time of checkout. You are responsible for all taxes and fees associated with your order as required by applicable federal, state, and local law.

7.5 Cancellations and Refunds

Once an order has been submitted and confirmed, cancellations may not be possible depending on how far along the order preparation has progressed. If you have concerns about an order, please contact us immediately at [email protected]. Refund eligibility will be determined on a case-by-case basis in accordance with our refund policy and applicable consumer protection laws. Nothing in this section is intended to limit any rights you may have under applicable consumer protection statutes.

8. Disclaimers and "As-Is" Basis

8.1 No Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, SERVICES, AND MATERIALS PROVIDED BY VIA 313 ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY 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, TITLE, AND NON-INFRINGEMENT.

8.2 No Guarantee of Availability

Via 313 does not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the results obtained from use of the Site will be accurate or reliable. The Site may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control.

8.3 Food Allergen Disclaimer

While Via 313 makes reasonable efforts to provide accurate allergen and nutritional information, we cannot guarantee that menu items are free from specific allergens or that cross-contamination will not occur in our food preparation environment. If you have food allergies, dietary restrictions, or medical conditions that require specific dietary considerations, you are strongly encouraged to contact us directly before placing an order to discuss your needs. Via 313 assumes no liability for adverse reactions resulting from undisclosed allergens or cross-contamination.

8.4 Third-Party Links

Our Site may contain links to third-party websites, platforms, or resources. These links are provided for your convenience only and do not imply endorsement by Via 313 of the linked sites or their content. Via 313 has no control over the content, practices, or availability of third-party websites and is not responsible for any damages or losses arising from your use of such sites.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES FEDERAL AND STATE LAW, IN NO EVENT SHALL VIA 313, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, OUR SERVICES, OR THESE TERMS, 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 SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO VIA 313 IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND REGARDLESS OF WHETHER VIA 313 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY; IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Nothing in these Terms shall limit or exclude liability for death or personal injury caused by Via 313's negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law, including rights afforded to consumers under the Federal Trade Commission Act (FTC Act) and applicable state consumer protection statutes.

10. Indemnification

You agree to defend, indemnify, and hold harmless Via 313 and its owners, officers, directors, employees, agents, licensors, suppliers, and service providers 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 or regulation;
• Your use of or access to the Site or our services;
• Your User Content or any content you post, submit, or transmit through the Site;
• Your infringement or misappropriation of any intellectual property or other rights of any third party;
• Any misrepresentation made by you in connection with your use of the Site or services;
• Your violation of the rights of any third party, including privacy rights;
• Any dispute or issue between you and a third party.

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 which event you agree to cooperate with Via 313's defense of such claim. You agree not to settle any matter without the prior written consent of Via 313.

11. Privacy and Data Protection

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Via 313 is committed to protecting the privacy and security of your personal information. To the extent applicable, our data practices comply with relevant United States federal and state privacy laws, including the Federal Trade Commission Act (FTC Act) governing unfair or deceptive practices related to privacy, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, and all other applicable state privacy laws.

By using the Site and our services, you consent to the collection, use, and processing of your personal information as described in our Privacy Policy. Please review our Privacy Policy for detailed information about our data practices, your rights, and how to exercise them.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the state in which Via 313 is registered and operates, without regard to its conflict of law principles.

Subject to the dispute resolution provisions set forth in Section 13 below, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the federal or state courts of competent jurisdiction located in the state where Via 313's principal place of business is located. You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such action in such courts.

Via 313's operations are subject to applicable United States federal laws and regulations, including but not limited to the Federal Trade Commission Act (FTC Act), the CAN-SPAM Act, applicable food safety regulations enforced by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA), and all applicable state and local health codes and food service regulations.

13. Dispute Resolution

13.1 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 our services (a "Dispute") informally by contacting Via 313 at [email protected]. Via 313 will attempt in good faith to resolve any Dispute brought to its attention within thirty (30) days of receipt of written notice. If the Dispute cannot be resolved informally within that period, either party may pursue the remedies described below.

13.2 Binding Arbitration

EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU AND VIA 313 AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE BREACH THEREOF, OR YOUR USE OF THE SITE OR SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT, EXCEPT THAT EITHER PARTY MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF A PARTY'S INTELLECTUAL PROPERTY RIGHTS.

The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this arbitration agreement.

13.3 Class Action Waiver

YOU AND VIA 313 AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

13.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes that qualify under the applicable jurisdictional threshold of the relevant small claims court, provided the matter remains in small claims court and is not removed or appealed to a court of general jurisdiction.

13.5 Opt-Out Right

You have the right to opt out of the binding arbitration and class action waiver provisions of this Section 13 by sending written notice to Via 313 at [email protected] within thirty (30) days of the date you first accept these Terms. Your opt-out notice must include your name, address, and a clear statement that you are opting out of the arbitration and class action waiver provisions. If you opt out, all other provisions of these Terms shall continue to apply.

14. Term and Termination

14.1 Term

These Terms are effective as of the date first set forth above and shall remain in full force and effect for as long as you continue to use the Site or any Via 313 services, unless earlier terminated in accordance with this Section.

14.2 Termination by You

You may terminate these Terms at any time by discontinuing your use of the Site and, where applicable, deleting or closing your account. Termination of your account does not relieve you of any obligations incurred prior to termination, including any payment obligations.

14.3 Termination by Via 313

Via 313 reserves the right, in its sole discretion, to suspend or terminate your access to the Site and services at any time, with or without cause and with or without notice, including if we reasonably believe that:

• You have violated any provision of these Terms;
• Your use of the Site poses a risk to Via 313 or third parties;
• You have engaged in fraudulent, abusive, or otherwise unlawful activity;
• Continued provision of services to you is no longer commercially viable.

14.4 Effect of Termination

Upon termination of these Terms for any reason: (a) your license to use the Site and its Content immediately terminates; (b) you must cease all use of the Site; and (c) all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 6 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 12 (Governing Law), 13 (Dispute Resolution), and 16 (Severability).

15. Changes to These Terms

Via 313 reserves the right to modify, amend, update, or replace these Terms at any time in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and, where required by applicable law, provide additional notice to users (such as by email or by posting a prominent notice on our Site).

Your continued use of the Site or our services after the effective date of any revised Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree to the revised Terms, you must discontinue your use of the Site immediately. We encourage you to review these Terms periodically to stay informed of any updates.

Notwithstanding the foregoing, any changes to the dispute resolution provisions in Section 13 shall not apply to disputes for which either party had actual notice before the date the change became effective, unless otherwise agreed in writing by both parties.

16. Severability

If any provision of these Terms is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or in conflict with any applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or invalidated by any such modification or severance. The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid provision that, as nearly as possible, achieves the original intent and economic effect of the replaced provision.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices 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 and contemporaneous agreements, representations, warranties, and understandings, whether oral or written, between you and Via 313 regarding such subject matter. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Via 313's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18. No Waiver

The failure of Via 313 to exercise or 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 by Via 313 will be effective only if made in writing and signed by an authorized representative of Via 313. A waiver by Via 313 of any breach or default shall not be construed as a waiver of any subsequent breach or default.

19. Force Majeure

Via 313 shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, supply chain disruptions, power failures, internet outages, or any other event that makes performance commercially impracticable. In the event of a force majeure event, Via 313 will make reasonable efforts to notify affected customers and resume normal operations as soon as practicable.

20. Accessibility

Via 313 is committed to making our Site accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards and guidelines. If you encounter any accessibility barriers while using our Site, please contact us at [email protected] so that we may address the issue and improve your experience.

21. Electronic Communications and Notices

By using the Site or communicating with us electronically, you consent to receive communications from Via 313 electronically, including via email, text message, or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law.

Any notices required or permitted under these Terms that you provide to Via 313 shall be sent via email to [email protected] with sufficient detail to identify the subject matter of the notice. Via 313 may send notices to you at the email address provided by you upon registration or order placement.

22. Assignment

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

23. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service or any aspect of your interaction with Via 313, please do not hesitate to contact us: