Terms of Service

Effective Date: May 20, 2026  |  Last Updated: May 20, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Marcos ("Company," "we," "us," or "our"), the owner and operator of the website located at marcos-food.rest (the "Website") and all associated food and restaurant services offered thereunder.

By accessing, browsing, or using this Website, or by placing an order for food or related services through any channel we operate, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or are accessing the Website under the supervision of a parent or legal guardian who agrees to these Terms on your behalf;
• You have the legal capacity and authority to enter into this Agreement;
• Your use of the Website and services complies with all applicable federal, state, and local laws and regulations.

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

These Terms apply to all visitors, registered users, customers, and anyone else who accesses or uses the Website or our food services. These Terms are governed by and construed in accordance with the laws of the United States and applicable state law, as further described in the Governing Law section below.

2. Description of Services

Marcos is a food service establishment that provides customers with access to a variety of food and beverage products, dining experiences, and related services (collectively, the "Services"). Our Services may include, but are not limited to:

• Online Ordering: The ability to browse our menu and place food and beverage orders online through the Website for pickup or delivery, subject to availability and applicable service areas;
• In-Person Dining: Dine-in services at our physical location(s), subject to applicable health, safety, and capacity regulations;
• Delivery Services: Food delivery to qualifying addresses within our designated delivery zones, which may be fulfilled directly by Marcos or through authorized third-party delivery partners;
• Catering and Special Orders: Customized food preparation and catering services for events, gatherings, and special occasions, subject to advance notice, availability, and separate catering agreements where applicable;
• Loyalty and Promotional Programs: Optional rewards programs, promotional discounts, coupon offers, and special promotions made available to customers from time to time;
• Customer Account Services: The ability to create and manage a personal account on the Website to track orders, save preferences, and manage payment methods;
• Informational Content: Access to menus, nutritional information, company news, and other food-related content published on the Website.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice, and without liability to you. Menu items, pricing, availability, delivery zones, and hours of operation are subject to change without notice.

Marcos does not guarantee that all menu items listed on the Website will be available at all times. Availability may vary based on location, season, supply, and operational capacity. We will make reasonable efforts to notify customers of unavailable items prior to order fulfillment.

3. User Accounts and Registration

Certain features of our Website and Services may require you to create a user account. When registering for an account, you agree to:

• Provide accurate, complete, and current information, including your name, email address, delivery address, and payment details;
• Maintain and promptly update your account information to keep it accurate and current;
• Keep your account credentials, including your password, confidential and secure;
• Notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account;
• Accept full responsibility for all activities that occur under your account, whether or not authorized by you.

We reserve the right to suspend, disable, or terminate your account at our sole discretion, without prior notice, if we reasonably believe that you have violated these Terms or engaged in any fraudulent, abusive, or unlawful activity. You may not create multiple accounts for the purpose of circumventing any restrictions, bans, or limitations imposed by Marcos.

4. User Obligations and Prohibited Activities

As a condition of your access to and use of the Website and Services, you agree to use them only for lawful purposes and in a manner consistent with these Terms. You are solely responsible for all content you submit and all actions you take in connection with your use of the Website.

4.1 General Obligations

You agree to:

• Provide truthful, accurate, and complete information when placing orders, creating accounts, or otherwise interacting with us;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances;
• Treat our staff, delivery personnel, and other users with respect and courtesy;
• Pay all charges, taxes, fees, and gratuities associated with your orders and use of the Services.

4.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Using the Website or Services for any unlawful, fraudulent, deceptive, or harmful purpose;
• Placing false, fraudulent, or duplicate orders with no intention of completing payment or accepting delivery;
• Using stolen, unauthorized, or fraudulent payment methods to place orders;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Attempting to gain unauthorized access to any portion of the Website, other user accounts, computer systems, or networks connected to the Website;
• Using any automated software, bots, scrapers, crawlers, or other automated means to access, scrape, or collect data from the Website without our express written consent;
• Uploading, transmitting, or distributing any viruses, malware, spyware, or other harmful code that could damage, disrupt, or compromise the Website or our systems;
• Engaging in any activity that places an unreasonable or disproportionate burden on the Website's infrastructure or interferes with its normal operation;
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website, its content, or the Services for commercial purposes without our prior written consent;
• Harassing, threatening, defaming, or otherwise engaging in abusive conduct toward Marcos employees, contractors, delivery partners, or other users;
• Posting, submitting, or transmitting any content that is defamatory, obscene, offensive, discriminatory, or otherwise objectionable;
• Attempting to reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Website or any associated software;
• Circumventing or attempting to circumvent any security features, access controls, or technological protection measures employed by the Website;
• Violating any applicable export control laws or using the Website in a manner that facilitates illegal activity.

We reserve the right to investigate suspected violations of these Terms and to take appropriate legal action, including reporting conduct to law enforcement authorities, civil litigation, or any other remedy available under applicable law.

5. Ordering, Payment, and Pricing

5.1 Order Placement

When you place an order through the Website, you are submitting an offer to purchase food and services at the stated price. All orders are subject to acceptance by Marcos. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or description, suspected fraud, or inability to fulfill delivery to your specified location.

An order confirmation via email or on-screen notification does not constitute final acceptance of your order. Acceptance is confirmed when your order is prepared and dispatched or made available for pickup.

5.2 Payment Terms

Payment for all orders must be made in full at the time of order placement, unless otherwise expressly agreed in writing (such as in the case of approved corporate accounts or catering arrangements). We accept the following forms of payment:

• Major credit and debit cards (Visa, Mastercard, American Express, Discover);
• Digital payment platforms (such as Apple Pay, Google Pay, and PayPal), where available;
• Cash, where applicable for in-person or cash-on-delivery orders.

By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the full amount of your order, including applicable taxes, delivery fees, and service charges, to that payment method.

5.3 Pricing and Taxes

All prices listed on the Website are in U.S. Dollars (USD) and are subject to change without notice. Prices do not include applicable sales tax, delivery fees, or service charges unless expressly stated otherwise. You are responsible for paying all applicable taxes associated with your purchase, as required by federal, state, and local law.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you experience an issue with your order—such as receiving incorrect items, missing items, or food quality concerns—please contact us promptly at [email protected]. We will review each situation on a case-by-case basis and, at our sole discretion, may offer a replacement, store credit, or partial refund where appropriate.

Cancellations requested before preparation has begun may be accommodated. Once preparation has commenced, cancellation may not be possible, and charges may still apply.

6. Delivery Services

Delivery is available within designated service areas only. Estimated delivery times are provided as approximations and are not guarantees. Delivery times may vary based on distance, order volume, weather conditions, traffic, and other factors beyond our reasonable control.

You are responsible for providing an accurate and accessible delivery address. If a delivery cannot be completed due to an incorrect address, inaccessible location, or absence of a recipient, you may still be charged for the order. Marcos and its delivery partners shall not be liable for delays or non-delivery resulting from inaccurate information provided by the customer.

7. Intellectual Property Rights

All content, materials, and features available on the Website, including but not limited to text, graphics, logos, images, photographs, audio, video, menu designs, software, code, trademarks, service marks, trade dress, and the overall look and feel of the Website (collectively, "Intellectual Property"), are owned by or licensed to Marcos and are protected under applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and trade secret laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content solely for personal, non-commercial purposes in connection with using our Services. This license does not include:

• The right to reproduce, distribute, publicly display, or create derivative works from any content on the Website without our express written consent;
• The right to use our trademarks, logos, brand names, or service marks in any manner that could cause confusion, misrepresentation, or dilution;
• The right to use the Website or its content for commercial purposes, advertising, or any revenue-generating activity without prior written authorization from Marcos.

Any unauthorized use of our Intellectual Property may constitute infringement of our copyrights, trademark rights, or other proprietary rights, and may subject you to civil and criminal liability under applicable law.

If you believe that any content on the Website infringes your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

8. Third-Party Links and Services

The Website may contain links to third-party websites, platforms, or services (such as delivery partners, payment processors, or social media platforms). These links are provided for your convenience only. Marcos does not endorse, control, or take responsibility for the content, privacy practices, or terms of any third-party websites or services.

Your use of third-party websites and services is governed by their respective terms of service and privacy policies. We strongly encourage you to review those policies before providing any personal information or making any purchases through third-party platforms. Marcos shall not be liable for any loss or damage arising from your use of or reliance on any third-party website or service.

9. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL SERVICES PROVIDED BY MARCOS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MARCOS 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, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION PROVIDED ON THE WEBSITE;
• WARRANTIES THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCT FOR A PARTICULAR DIETARY NEED OR HEALTH CONDITION.

Marcos makes no warranty or representation that food products will be free from allergens or that all nutritional and ingredient information displayed on the Website is complete, accurate, or current. Customers with known food allergies or dietary restrictions are strongly advised to contact us directly before placing an order. It is your responsibility to inform us of any allergies or dietary requirements.

Marcos does not warrant that the Website will meet your requirements or that the results obtained from use of the Website will be accurate or reliable. Any reliance you place on information provided on the Website is strictly at your own risk.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE LAWS OF THE UNITED STATES AND ANY APPLICABLE STATE LAW, MARCOS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND DELIVERY PARTNERS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OUR SERVICES, EXCEPT WHERE SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW;
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES RESULTING FROM ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR SERVICES;
• DAMAGES RESULTING FROM THIRD-PARTY CONDUCT, INCLUDING DELIVERY PARTNERS, PAYMENT PROCESSORS, OR OTHER SERVICE PROVIDERS.

IN ANY EVENT, MARCOS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO MARCOS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless Marcos and its respective owners, officers, directors, employees, agents, contractors, licensors, delivery partners, and successors (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, 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 Website or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or rights of publicity;
• Any content or information you submit, post, or transmit through the Website;
• Your negligence, willful misconduct, or fraudulent activity;
• Any dispute between you and any third party arising from your use of our Services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims. You may not settle any claim covered by this indemnification provision without our prior written consent.

12. Food Safety, Allergen Information, and Health Disclaimer

Marcos is committed to maintaining high standards of food safety and quality in compliance with applicable federal and state food safety regulations, including those enforced by the U.S. Food and Drug Administration (FDA) and applicable state and local health departments.

However, please be aware of the following:

• Our food products are prepared in a kitchen environment where common allergens, including but not limited to peanuts, tree nuts, milk, eggs, wheat, soy, fish, and shellfish, may be present. Cross-contamination is possible.
• Caloric and nutritional information provided on the Website is approximate and may vary based on preparation method, portion size, ingredient substitutions, and supplier variations.
• Marcos does not provide medical or dietary advice. Customers with specific health conditions, dietary requirements, or food allergies should consult with a qualified healthcare professional before consuming our products.
• Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.

If you have any questions about ingredients or allergens in our products, please contact us directly at [email protected] before placing your order.

13. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Website, or the Services shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to conflict of law principles that would require the application of the laws of any other jurisdiction.

To the extent that any legal proceedings are not subject to the arbitration agreement described in Section 14, you agree to submit to the exclusive personal jurisdiction of the federal and state courts located in the United States, and you waive any objection to venue or jurisdiction in such courts.

Our Services are intended for use within the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with local laws applicable in your jurisdiction.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal legal proceeding, we encourage you to contact us first at [email protected] to attempt to resolve your concern informally. We will make reasonable efforts to resolve the dispute within thirty (30) days of receiving your written description of the issue.

14.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Services—including questions about the existence, validity, or scope of this arbitration agreement—shall be resolved by final and binding arbitration, rather than in court, except as provided in Section 14.4 below.

Arbitration shall be conducted by a recognized arbitration body such as the American Arbitration Association (AAA) under its then-current Consumer Arbitration Rules, or another mutually agreed-upon arbitration service. The arbitration shall take place in the United States. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND MARCOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Marcos agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a class or representative proceeding.

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, 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, or to address claims of fraud or unauthorized use of the Website.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Website or Services. We reserve the right, in our sole discretion, to:

• Terminate or suspend your access to the Website or Services, with or without cause and with or without prior notice;
• Delete your account and all associated data in accordance with our Privacy Policy;
• Refuse service to any person for any lawful reason.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations for orders already placed.

Upon termination of these Terms or your account, the following provisions shall survive: Intellectual Property Rights (Section 7), Disclaimers (Section 9), Limitation of Liability (Section 10), Indemnification (Section 11), Dispute Resolution (Section 14), and any other provisions that by their nature should survive termination.

16. Changes to Terms of Service

Marcos reserves the right to modify, update, or revise these Terms of Service at any time, in our sole discretion. When we make changes, we will:

• Post the revised Terms on the Website at marcos-food.rest;
• Update the "Last Updated" date at the top of this page;
• Provide notice of material changes by email (where we have your email address on file) or by a prominent notice on the Website, where reasonably practicable.

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

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

17. Severability

If any provision, clause, or portion of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be made enforceable, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect as if such invalid or unenforceable provision had never been included.

The parties agree that a court or arbitrator shall have the authority to modify any invalid provision to the extent necessary to make it enforceable while preserving the original intent of the parties to the greatest extent possible.

18. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other policies, agreements, or notices incorporated by reference herein, constitute the entire agreement between you and Marcos with respect to your use of the Website and Services, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to the subject matter hereof.

Our failure to 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 will only be effective if made in writing and signed by an authorized representative of Marcos. A waiver of any particular breach or default shall not constitute a waiver of any subsequent breach or default.

19. Force Majeure

Marcos shall not be liable for any failure or delay in performance of its obligations under these Terms resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, government orders or restrictions, labor disputes, supply chain disruptions, internet or telecommunications failures, power outages, civil unrest, or any other event beyond the reasonable control of Marcos ("Force Majeure Event").

In the event of a Force Majeure Event, Marcos shall notify customers as soon as reasonably practicable and shall resume performance of its obligations as soon as the Force Majeure Event has ceased or been resolved.

20. Accessibility

Marcos is committed to making our Website accessible to individuals with disabilities in accordance with applicable law, including the Americans with Disabilities Act (ADA). If you experience any accessibility issues while using our Website, please contact us at [email protected] so that we may assist you and work to resolve any barriers to access.

21. Consumer Rights Under Applicable Law

Nothing in these Terms of Service is intended to exclude, restrict, or modify any consumer rights or protections that cannot be waived or limited under applicable federal or state law. Customers may have additional rights under state consumer protection laws, including protections afforded by the Federal Trade Commission Act (FTC Act) regarding unfair or deceptive trade practices.

For customers located in California, additional rights may be available under California consumer protection laws and the California Consumer Privacy Act (CCPA/CPRA) with respect to personal information. Please refer to our Privacy Policy for more information about how we collect, use, and protect your personal data.

22. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, or if you need to contact us for any reason related to your use of our Website or Services, please reach out to us using the following contact details:

We strive to respond to all inquiries within a reasonable time. For urgent matters related to food safety or order issues, please contact us directly by email and mark your message as urgent.