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 agreement between you ("User," "Customer," "you," or "your") and Marcos ("Company," "we," "us," or "our"), governing your access to and use of the website located at marcos-food.click (the "Website"), as well as any related services, content, features, and functionality offered by Marcos (collectively, the "Services").

By accessing or using the Website, placing an order, creating an account, or otherwise engaging with our Services, you affirm that you are at least 18 years of age, have the legal capacity to enter into a binding contract, and agree to be bound by these Terms in their entirety. If you are using the Services on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically to stay informed of any updates.

2. Description of Services

Marcos is a food-related business operating in the United States. Our Services may include, but are not limited to, the following:

• Online ordering of food products, meals, and related items through our Website;
• Provision of information regarding our menu offerings, ingredients, nutritional content, and pricing;
• Delivery and/or pickup services for food orders placed through the Website;
• Customer account management, including order history, preferences, and saved payment methods;
• Promotional offers, loyalty programs, coupons, and discount codes;
• Customer support and communication regarding orders, inquiries, and complaints;
• Any other services we may offer from time to time, as described 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. We also reserve the right to impose limits on certain features or restrict access to parts or all of the Services at our sole discretion.

Our Services are intended for personal, non-commercial use only, unless otherwise expressly agreed to in writing by Marcos. Commercial use of our Services requires prior written authorization from us.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Services, you agree to:

• Provide accurate, complete, and current information when creating an account or placing orders;
• Maintain the security and confidentiality of your account credentials;
• Promptly notify us of any unauthorized use of your account or any other security breach;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Services;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Ensure that all individuals who access the Services through your account are aware of and comply with these Terms;
• Pay all charges incurred under your account, including applicable taxes, fees, and delivery charges.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities in connection with your use of the Services:

• Violating any applicable federal, state, or local laws, regulations, or ordinances;
• Using the Services for any fraudulent, deceptive, or misleading purpose;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Submitting false, inaccurate, or misleading information in any order, account registration, or communication with us;
• Attempting to gain unauthorized access to any portion of the Website, other users' accounts, or any systems or networks connected to the Website;
• Using any automated system, including bots, scrapers, crawlers, or other data-gathering tools, to access the Website or collect information from it without our prior written consent;
• Transmitting any viruses, malware, spyware, or other harmful or destructive code through the Website;
• Engaging in any activity that disrupts, damages, or interferes with the proper functioning of the Website or our Services;
• Copying, distributing, reproducing, or creating derivative works based on any content from the Website without our prior written permission;
• Using the Services to send unsolicited communications (spam), advertisements, or promotional materials;
• Engaging in any activity that harasses, intimidates, threatens, or harms any other user, our employees, or third parties;
• Circumventing or attempting to circumvent any security measures, access controls, or technological protections implemented on the Website;
• Using the Website in any manner that could damage our reputation or that of our affiliates, partners, or employees.

We reserve the right to investigate any suspected violation of these prohibitions and to take appropriate action, including suspending or terminating your account, reporting violations to law enforcement authorities, and pursuing legal remedies.

4. Account Registration and Security

To access certain features of our Services, you may be required to create an account. When registering, you agree to provide accurate and complete information and to update such information as necessary to keep it current and accurate.

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You are responsible for all activities that occur under your account, whether or not authorized by you. We will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

If you believe your account has been compromised or if you become aware of any unauthorized use, you must immediately notify us at [email protected]. We reserve the right to disable any account at any time if we believe there has been a violation of these Terms or if we suspect fraudulent or unauthorized activity.

5. Ordering and Payment Terms

5.1 Order Placement

By placing an order through our Website, you represent that you are authorized to make the purchase and that the payment information you provide is accurate and valid. All orders are subject to availability and our acceptance. We reserve the right to refuse or cancel any order at our sole discretion, including orders that we suspect involve fraud, misuse of promotional offers, or errors in pricing.

Once an order is placed and confirmed, you will receive an order confirmation via email or through the Website. This confirmation does not constitute our acceptance of your order but serves as an acknowledgment that we have received it. Acceptance occurs when we begin processing or preparing your order.

5.2 Pricing and Fees

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. We make every effort to ensure that pricing information is accurate; however, errors may occur. In the event of a pricing error, we reserve the right to cancel orders placed at the incorrect price and will notify you accordingly.

Additional fees, including but not limited to delivery fees, service charges, and applicable taxes, may apply to your order. These fees will be disclosed to you before you complete your purchase.

5.3 Payment Processing

We accept various forms of payment as indicated on the Website. By providing your payment information, you authorize us to charge the applicable amount to your chosen payment method. All payment transactions are processed through secure third-party payment processors. We do not store your full payment card information on our servers.

You agree to pay all charges associated with your orders, including taxes and fees. If your payment is declined or otherwise fails to process, we reserve the right to cancel your order and notify you of the payment failure.

5.4 Refunds and Cancellations

Our refund and cancellation policies are subject to the specific circumstances of each order. If you are dissatisfied with your order, please contact us at [email protected] as soon as possible. We will evaluate each request on a case-by-case basis. Refunds, if approved, will be issued to the original payment method within a reasonable timeframe.

Due to the perishable nature of food products, we may not be able to accept returns or issue refunds in all circumstances. We reserve the right to determine, at our sole discretion, whether a refund or replacement is appropriate.

6. Intellectual Property Rights

All content available on or through the Website, including but not limited to text, graphics, logos, images, photographs, icons, audio clips, video clips, software, and data compilations ("Content"), is the property of Marcos or its content suppliers and is protected by United States and international intellectual property laws, including copyright, trademark, and trade dress laws.

You are granted 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 our Services. This license does not include the right to:

• Reproduce, distribute, publicly display, or publicly perform any Content;
• Create derivative works based on any Content;
• Modify, translate, adapt, or reverse-engineer any Content;
• Use any Content for commercial purposes without our prior written consent;
• Remove or alter any copyright, trademark, or other proprietary notices from the Content.

The Marcos name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Marcos. You may not use these marks without our prior written permission. All other trademarks, service marks, and logos displayed on the Website are the property of their respective owners.

Any unauthorized use of our intellectual property may constitute infringement of our rights under applicable law, and we reserve the right to pursue all available legal and equitable remedies.

If you believe that any content on our Website infringes upon your intellectual property rights, please notify us at [email protected] with a detailed description of the alleged infringement.

7. Food Safety, Allergen Information, and Disclaimers

We take food safety seriously and strive to provide accurate information regarding our products, including ingredient lists and allergen information. However, our food products are prepared in facilities that may handle common allergens, including but not limited to peanuts, tree nuts, dairy, eggs, wheat, soy, fish, and shellfish. We cannot guarantee that any product is completely free from cross-contamination with allergens.

It is your responsibility to review allergen and ingredient information carefully before placing an order. If you have food allergies, dietary restrictions, or medical conditions that may be affected by our food products, please contact us before ordering. We strongly encourage individuals with severe allergies or medical dietary requirements to exercise caution and consult with a medical professional before consuming our products.

Marcos shall not be liable for any adverse reactions, health consequences, or other damages resulting from the consumption of our food products by individuals with undisclosed or known allergies or dietary restrictions.

8. Disclaimers and "As-Is" Basis

THE WEBSITE AND SERVICES 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, 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 OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR ERRORS;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS OFFERED THROUGH THE SERVICES FOR ANY PARTICULAR PURPOSE.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our warranties are limited to the minimum extent permitted by applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE UNITED STATES, MARCOS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to, use of, or inability to access or use the Website or Services;
• Any content on the Website or information provided through the Services;
• Unauthorized access to or alteration of your transmissions or data;
• The conduct or content of any third party in connection with the Services;
• Any food products ordered through or consumed in connection with our Services;
• Any other matter relating to the Website or Services.

IN NO EVENT SHALL MARCOS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MARCOS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Certain states, including New Jersey, do not allow limitations on implied warranties or the exclusion or limitation of certain types of damages. If these laws apply to you, some or all of the above limitations may not apply, and you may have additional rights.

10. Indemnification

You agree to defend, indemnify, and hold harmless Marcos and its officers, directors, shareholders, employees, contractors, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of or access to the Website or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable law, regulation, or ordinance;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights;
• Any content you submit, post, or transmit through the Website;
• Any dispute between you and another user of the Services;
• Your negligence, willful misconduct, or fraudulent activity.

We reserve the right, at our 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 fully with our defense of such claim. You agree not to settle any such matter without our prior written consent.

11. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Marcos. We provide these links solely for your convenience and informational purposes. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services.

Your use of third-party websites or services is at your own risk and subject to the terms and conditions of those third parties. We strongly encourage you to review the privacy policies and terms of service of any third-party website or service you visit or use.

The inclusion of any link on our Website does not constitute an endorsement, recommendation, or approval by Marcos of the linked website or its content. We disclaim all responsibility and liability for any damages or losses arising from your use of or reliance on any third-party website or service.

12. Privacy Policy

Your use of the Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and share information about you when you use our Services. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

We comply with all applicable federal and state privacy laws, including, where applicable, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, and applicable provisions of the Federal Trade Commission Act (FTC Act) governing unfair or deceptive practices related to consumer data.

13. Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to these Terms, the Website, or our Services shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the jurisdiction in which our business operates, without regard to its conflict of law provisions or principles.

Subject to the dispute resolution provisions set forth in Section 14, you consent to the exclusive jurisdiction of the state and federal courts located in the United States for the resolution of any disputes not subject to arbitration. You waive any objection to such jurisdiction and venue, including any objection based on inconvenient forum.

To the extent that any action, claim, or dispute is not subject to arbitration or small claims court proceedings under Section 14, such matters shall be heard and decided by a court of competent jurisdiction in the United States.

14. Dispute Resolution

14.1 Informal Resolution

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

14.2 Binding Arbitration

EXCEPT AS PROVIDED IN SECTION 14.4, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR THE SERVICES, INCLUDING THE FORMATION, INTERPRETATION, BREACH, OR TERMINATION OF THESE TERMS, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES THEN IN EFFECT.

The arbitration shall be conducted by a single neutral arbitrator. The arbitration shall take place in the United States, at a location to be agreed upon by the parties, or by telephone or video conference if mutually agreed. The arbitrator shall have the authority to award any remedies available under applicable law, but shall not have the authority to award punitive damages unless expressly permitted by statute.

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

14.3 Class Action Waiver

YOU AND MARCOS EACH AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING AGAINST MARCOS.

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent or restrain actual or threatened infringement, misappropriation, or violation of intellectual property rights. Either party may also bring claims in small claims court in the United States if the claim qualifies under applicable small claims court rules.

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 to terminate or suspend your access to the Website and Services, with or without cause or notice, at our sole discretion, including but not limited to cases where we believe you have violated any provision of these Terms, engaged in fraudulent activity, or otherwise acted in a manner harmful to Marcos or its users.

You may terminate your use of the Services at any time by discontinuing access to the Website and, if applicable, requesting the deletion of your account by contacting us at [email protected].

Upon termination of your account or access to the Services, for any reason:

• Your right to use the Website and Services will immediately cease;
• We may delete or deactivate your account and all associated information, subject to our data retention obligations;
• Any outstanding obligations under these Terms, including payment obligations, shall survive termination.

The following sections shall survive termination of these Terms: Section 6 (Intellectual Property Rights), Section 8 (Disclaimers), Section 9 (Limitation of Liability), Section 10 (Indemnification), Section 13 (Governing Law and Jurisdiction), Section 14 (Dispute Resolution), and any other provisions that by their nature should survive termination.

16. Changes to Terms

We reserve the right to modify, update, or replace any part of these Terms at any time at our sole discretion. We will notify you of any material changes by posting the updated Terms on the Website with a revised "Last Updated" date, and/or by sending you an email notification if we have your email address on file.

Any changes to these Terms will become effective upon posting to the Website, unless we specify a different effective date. Your continued access to or use of the Website and Services following the posting of changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue your use of the Website and Services immediately.

We encourage you to review these Terms periodically and prior to each use of the Services to ensure you are aware of the most current version.

17. 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, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed from these Terms, without affecting the validity, legality, or enforceability of the remaining provisions.

The invalidity or unenforceability of any provision shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid or unenforceable provision had never been included, provided that the essential economic terms of the Agreement remain intact.

18. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any breach or default under these Terms shall be deemed a waiver of any subsequent breach or default, and no waiver shall be effective unless made in writing and signed by an authorized representative of Marcos.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or policies incorporated herein by reference, 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, understandings, negotiations, representations, and communications, whether oral or written, between you and Marcos relating to the same subject matter.

In the event of any conflict between these Terms and any other agreement you have entered into with Marcos, these Terms shall control unless the other agreement expressly states otherwise.

20. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without such consent shall be null and void. We may freely assign, transfer, or delegate our rights and obligations under these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

21. Force Majeure

Marcos shall not be liable for any failure or delay in performing 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, epidemics, governmental actions, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, power outages, or any other event that constitutes a force majeure event ("Force Majeure Event").

In the event of a Force Majeure Event, we will provide you with prompt notice and will use commercially reasonable efforts to resume performance of our obligations as soon as practicable.

22. Electronic Communications

By using our Website and Services, you consent to receiving electronic communications from us, including but not limited to order confirmations, receipts, promotional offers, account notices, and other transactional or operational information. These electronic communications satisfy any legal requirement that such communications be in writing.

You may opt out of promotional communications at any time by following the unsubscribe instructions included in those communications or by contacting us at [email protected]. Please note that opting out of promotional communications will not affect our ability to send you transactional or operational communications related to your account or orders.

23. Compliance with Applicable Laws

Your use of the Website and Services must comply with all applicable federal, state, and local laws and regulations. This includes, without limitation, compliance with the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive acts or practices in commerce, as well as any applicable state consumer protection statutes.

For residents of California, your use of our Services and our collection and handling of your personal information may be subject to additional rights and protections under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). Please refer to our Privacy Policy for more information about your rights as a California resident.

24. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, your use of the Website, or our Services, please do not hesitate to contact us using the information below:

We strive to respond to all inquiries within a reasonable timeframe. For urgent matters related to food safety, order issues, or account security, please contact us immediately via email.