Terms of Service

Effective Date: May 13, 2026  |  Last Updated: May 13, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Via 313 ("Company," "we," "us," or "our"), governing your access to and use of the website located at bbq-via313.click (the "Website") and all related services, content, features, and functionality offered by Via 313 (collectively, the "Services").

By visiting the Website, placing an order, creating an account, subscribing to any newsletter or promotional communication, or otherwise interacting with our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

If you are accessing or using our Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case "you" and "your" shall refer to that entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not access or use the Services.

You must be at least eighteen (18) years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years old. If you are under 18 years of age, you are not permitted to use our Services without the direct supervision and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

2. Description of Services

Via 313 is a food service business operating in the United States. Through our Website and related platforms, we provide the following services:

• Online Menu Browsing: Users may browse our food and beverage menu offerings, including descriptions, prices, and available customization options.
• Online Ordering: Users may place orders for food and beverages through our Website for pickup, delivery, or catering purposes, subject to availability and service area.
• Catering Services: Via 313 may offer catering services for events, gatherings, and other occasions, subject to separate agreements and availability.
• Promotional and Marketing Content: We may provide information about special offers, promotions, loyalty programs, seasonal items, and other marketing communications through the Website.
• Account Services: Users may create and manage a personal account to track orders, save preferences, and receive personalized communications.
• Customer Support: We provide customer support for inquiries, complaints, and feedback regarding our food products and services.

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

Availability of menu items, delivery zones, operating hours, and pricing may vary by location and are subject to change without prior notice. Via 313 makes no representation or guarantee that specific menu items will be available at any given time.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or otherwise interacting with our Services;
• Maintain the security and confidentiality of your account credentials and promptly notify Via 313 of any unauthorized access or use of your account;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable local, state, federal, and international laws and regulations while using the Services;
• Promptly update your account information to keep it accurate and complete;
• Pay all applicable fees and charges for orders placed through the Website in a timely manner;
• Treat Via 313 staff, delivery personnel, and other users with respect and courtesy.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities while using our Services:

• Using the Services for any fraudulent, deceptive, or illegal purpose, including but not limited to submitting false orders, providing false payment information, or engaging in identity theft;
• Attempting to gain unauthorized access to Via 313's systems, servers, databases, or networks, or to the accounts of other users;
• Interfering with or disrupting the integrity or performance of the Website or Services, including by introducing viruses, malware, or other harmful code;
• Scraping, crawling, or otherwise extracting data from the Website without our express written permission;
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Website or its underlying technology;
• Copying, reproducing, distributing, or otherwise exploiting any content from the Website without prior written authorization from Via 313;
• Posting or transmitting any content that is defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable;
• Using automated tools, bots, or scripts to interact with the Website in a manner that places an unreasonable burden on our servers or systems;
• Impersonating any person or entity, including Via 313 employees or representatives;
• Engaging in any activity that violates the rights of others, including intellectual property rights, privacy rights, or contractual rights;
• Placing orders with no intention of completing payment or accepting delivery;
• Abusing refund, promotional, or loyalty programs through fraudulent means.

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

4. Intellectual Property Rights

All content on the Website, 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 Website (collectively, "Content"), is the property of Via 313 or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

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

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with the Services. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works based on any Content;
• Use any data mining, robots, or similar data gathering and extraction methods;
• Download or copy account information for the benefit of another merchant or business;
• Use the Website or its Content for any commercial purpose without our express written consent.

Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Via 313 reserves all rights not expressly granted in these Terms.

If you believe that any Content on the Website infringes your copyright, please contact us at [email protected] with a detailed description of the alleged infringement, as required under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms

When you place an order through our Website or otherwise make a purchase from Via 313, you agree to the following payment terms:

5.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Prices listed do not include applicable taxes, service fees, or delivery charges, which will be calculated and displayed at checkout prior to completing your order.

5.2 Payment Methods

Via 313 accepts payment through the methods listed on the Website at the time of purchase. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that such information is accurate and complete.

5.3 Order Confirmation and Processing

Your order is not confirmed until you receive an order confirmation from Via 313. We reserve the right to refuse or cancel any order at any time for any reason, including but not limited to product unavailability, errors in pricing or product descriptions, or suspected fraudulent activity. If we cancel an order after payment has been processed, we will issue a full refund to the original payment method.

5.4 Taxes

You are responsible for all applicable federal, state, and local taxes, fees, and charges associated with your purchase, as required by law. Via 313 will collect and remit applicable sales taxes in accordance with the laws of the jurisdictions in which we operate.

5.5 Refunds and Cancellations

Our refund and cancellation policies are as stated on our Website and may vary depending on the nature of the order. Please review our refund policy before placing your order. Refund requests must be submitted in a timely manner and are subject to our review and approval at our sole discretion. We reserve the right to deny refund requests that we believe to be fraudulent or made in bad faith.

5.6 Promotional Codes and Discounts

Promotional codes, discount offers, and special pricing are subject to specific terms and conditions and may not be combined with other offers unless expressly stated. Via 313 reserves the right to modify or revoke promotions at any time without notice.

6. Disclaimer of Warranties

THE WEBSITE AND ALL SERVICES, CONTENT, PRODUCTS, AND OTHER ITEMS PROVIDED BY VIA 313 ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, INFORMATION, OR MATERIALS AVAILABLE THROUGH THE WEBSITE;
• WARRANTIES THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS OR SERVICES FOR YOUR PARTICULAR DIETARY NEEDS OR HEALTH CONDITIONS.

Via 313 does not warrant that the Website is free of viruses or other harmful components. You assume all responsibility and risk for your use of the Website and the Services.

While we make reasonable efforts to ensure that our food products are prepared in a safe and hygienic manner, Via 313 cannot guarantee that our products are free from all allergens. If you have food allergies, dietary restrictions, or specific health concerns, you should consult with our staff prior to ordering and assume responsibility for your dietary choices.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, VIA 313 AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Website or Services;
• Any unauthorized access to or alteration of your data or transmissions;
• Any errors, mistakes, inaccuracies, or omissions in any Content;
• Any interruption or cessation of transmission to or from the Website;
• Any food products or services purchased through or in connection with the Website;
• Any conduct or content of any third party on the Website;
• Any other matter arising out of or related to these Terms or the Services.

IN NO EVENT SHALL VIA 313'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO VIA 313 IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

The limitations of liability set forth in this Section apply regardless of the legal theory on which the claim is based, including contract, tort, negligence, strict liability, or any other theory, even if Via 313 has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you to the extent prohibited by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Via 313 and its respective officers, directors, employees, agents, licensors, service providers, and successors 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;
• Your use of the Website or Services, including any data or content transmitted or received by you;
• Your violation of any rights of a third party, including any intellectual property rights, privacy rights, or contractual rights;
• Your violation of any applicable federal, state, or local law or regulation;
• Any content you submit, post, transmit, or make available through the Website;
• Your negligence or willful misconduct.

Via 313 reserves the right, at our 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 with our defense of such claims. You shall not settle any matter without the prior written consent of Via 313.

9. Third-Party Links and Services

The Website may contain links to third-party websites, services, or platforms (such as social media platforms, payment processors, or delivery service providers) that are not owned or controlled by Via 313. These links are provided for your convenience only. 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.

Via 313 does not warrant or make any representation regarding the accuracy, reliability, completeness, or suitability of content on any third-party website. Your use of any third-party website or service is at your own risk and is subject to the terms and conditions and privacy policies of those third parties.

We encourage you to read the terms and privacy policies of any third-party websites or services that you visit or use in connection with our Services.

10. Privacy Policy

Your privacy is important to us. Our Privacy Policy, available on our Website, explains how we collect, use, disclose, and protect your personal information when you use our Services. By using our Services, you consent to our collection, use, and disclosure of your personal information as described in our Privacy Policy.

To the extent you are a resident of California, your use of our Services is also subject to rights available to you under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as described in our Privacy Policy. Our information practices are also subject to the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive practices in commerce.

11. Governing Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services, shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Via 313 is registered and operates, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, in the state where Via 313 maintains its principal place of business. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to the exercise of personal jurisdiction over you by such courts and any objection that such courts are an inconvenient forum.

Notwithstanding the foregoing, Via 313 reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or other proprietary interests.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Via 313 at [email protected] and attempt to resolve the dispute informally. You agree to provide us with a written description of your dispute and the relief you are seeking. Via 313 will attempt to resolve the dispute within thirty (30) days of receiving your written notice. If we are unable to resolve the dispute informally within this period, either party may proceed to formal dispute resolution as described below.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except as otherwise provided herein, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be finally settled by binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration service. The arbitration shall be conducted in the English language, and the arbitral award shall be final and binding on both parties.

The arbitrator shall have authority to award any remedy or relief that a court of competent jurisdiction could order or grant, except that the arbitrator shall not have authority to award punitive damages unless such damages are expressly authorized by statute. The arbitration shall take place in the state where Via 313 maintains its principal place of business, or, at your election, via telephone or video conference.

You and Via 313 each agree to submit to arbitration on an individual basis only. YOU AGREE THAT YOU MAY NOT PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST VIA 313. You waive your right to participate in any class action proceeding or class-wide arbitration in connection with any dispute arising under or related to these Terms or the Services.

12.3 Exceptions to Arbitration

Notwithstanding the foregoing arbitration provision, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, proprietary information, or confidential information. Such a request shall not waive any right to arbitrate other disputes.

12.4 Time Limitation on Claims

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. This limitation period applies to the fullest extent permitted by applicable law.

13. Term and Termination

13.1 Term

These Terms are effective beginning on the date you first access or use the Website or Services and shall continue in full force and effect for as long as you access or use the Services, unless earlier terminated in accordance with these Terms.

13.2 Termination by You

You may terminate your account and cease using our Services at any time by contacting us at [email protected] and requesting account deletion. Please note that termination of your account does not relieve you of any outstanding payment obligations or liabilities incurred prior to termination.

13.3 Termination by Via 313

Via 313 may suspend or terminate your access to the Website and Services, in whole or in part, at any time and for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Failure to pay amounts owed;
• Discontinuation of the Services, in whole or in part;
• At our sole discretion, for any reason or no reason, with or without notice.

13.4 Effect of Termination

Upon termination of these Terms for any reason: (a) your right to access and use the Services will immediately cease; (b) any licenses granted to you under these Terms will immediately terminate; and (c) Via 313 may delete your account and any data associated therewith. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4 (Intellectual Property), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnification), 11 (Governing Law), 12 (Dispute Resolution), and 14 (Miscellaneous Provisions).

14. Changes to Terms

Via 313 reserves the right to modify, update, or revise these Terms at any time at our sole discretion. We will provide notice of material changes to these Terms by posting the updated Terms on our Website and updating the "Last Updated" date at the top of this page. In some cases, we may provide additional notice, such as by sending an email to the address associated with your account or by displaying a prominent notice on our Website.

Your continued use of the Website or Services after the effective date of the updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check for changes to these Terms each time you access the Website.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law by a court of competent jurisdiction or an arbitrator, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or, if such modification is not possible, the provision shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by the invalidity or unenforceability of the severed provision.

The parties agree that the unenforceable provision shall be replaced with a valid, enforceable provision that most closely reflects the intent and economic effect of the original provision.

16. Entire Agreement

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

No waiver by Via 313 of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Via 313 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. No Third-Party Beneficiaries

These Terms are for the sole and exclusive benefit of the parties hereto and their respective successors and permitted assigns. Nothing in these Terms shall create or confer any rights or other benefits in favor of any third party not a party to these Terms, except as otherwise expressly provided herein.

18. Force Majeure

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

In the event of a Force Majeure Event, Via 313 will provide notice to users as soon as reasonably practicable and will use commercially reasonable efforts to resume normal operations. The occurrence of a Force Majeure Event shall not relieve you of your obligation to pay for orders that have already been fulfilled.

19. Electronic Communications

By using our Website or Services, you consent to receiving electronic communications from Via 313, including emails, text messages, and push notifications, as applicable. These communications may include information about your orders, account updates, promotional offers, and other information related to our Services. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law.

If you wish to opt out of marketing communications, you may do so by following the unsubscribe instructions in any marketing email you receive or by contacting us at [email protected]. Please note that opting out of marketing communications will not affect transactional or service-related communications.

20. Accessibility

Via 313 is committed to ensuring that our Website is accessible to all users, including individuals with disabilities, in compliance with applicable federal accessibility laws and guidelines. If you experience any accessibility issues while using our Website, please contact us at [email protected] and we will make reasonable efforts to assist you.

21. Contact Information

If you have any questions, concerns, or feedback about these Terms of Service, or if you need to contact Via 313 for any reason related to these Terms or our Services, please reach out to us using the contact information below:

© 2026 Via 313. All rights reserved. These Terms of Service are protected by United States copyright law and may not be reproduced, distributed, or modified without the express written consent of Via 313.