Terms of Service

Effective Date: May 17, 2026  |  Last Updated: May 17, 2026

1. Acceptance of Terms

Welcome to Marcos ("Company," "we," "our," or "us"). These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," or "you") and Marcos governing your access to and use of our website located at marcos-eat.click (the "Site") and all related food ordering, delivery, and dining services offered through the Site (collectively, the "Services").

By visiting our Site, placing an order, creating an account, or otherwise engaging with our Services, you affirm that you are at least 18 years of age (or the age of majority in your jurisdiction), have read and understood these Terms, and agree to be legally bound by them. If you are using our Services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

Your continued use of the Site or Services following any modification to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to remain informed of any updates.

These Terms are governed by and construed in accordance with the laws of the United States and applicable state laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45) and any other applicable federal and state consumer protection statutes.

2. Description of Services

Marcos is a food-related business providing customers with access to food ordering, online menus, food delivery coordination, dine-in reservations, catering inquiries, and related services through our online platform at marcos-eat.click.

Our Services may include, but are not limited to:

• Online food ordering and checkout for delivery or pickup
• Browsing our digital menu of food and beverage offerings
• Managing customer accounts and order history
• Processing payments for food orders and related services
• Receiving promotional communications, offers, and loyalty rewards
• Submitting feedback, reviews, and ratings for products and services
• Catering inquiries and event planning consultation
• Customer support and service-related communications

We reserve the right to modify, expand, reduce, suspend, or discontinue any aspect of the Services at any time, with or without prior 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 certain menu items, pricing, promotions, and service features may vary by location, time of day, or other operational factors. We do not guarantee continuous or uninterrupted availability of any specific product or service.

3. User Accounts and Registration

To access certain features of our Services, you may be required to create a user account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete at all times.

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to immediately notify us of any unauthorized access to or use of your account at [email protected]. We are not liable for any loss or damage resulting from your failure to protect your account credentials.

We reserve the right to suspend, deactivate, or terminate any user account at our sole discretion, including if we believe that account information is inaccurate, that you have violated these Terms, or that your use of the Services poses a risk to other users or to the integrity of the platform.

4. User Obligations and Prohibited Activities

By using our Services, you agree to use them only for lawful purposes and in a manner consistent with these Terms. You bear full responsibility for all activities conducted through your account or using your credentials.

4.1 User Obligations

You agree to:

• Provide truthful, accurate, and current information when placing orders or creating an account
• Pay all charges associated with your orders and transactions in a timely manner
• Comply with all applicable local, state, and federal laws and regulations in connection with your use of the Services
• Use the Services solely for personal, non-commercial purposes unless expressly authorized by us in writing
• Treat Marcos staff, delivery personnel, and other users with respect and courtesy
• Review allergen and nutritional information carefully before placing an order if you have dietary restrictions or food allergies

4.2 Prohibited Activities

You agree NOT to engage in any of the following prohibited activities:

• Placing fraudulent, fictitious, or unauthorized orders
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity
• Using automated tools, bots, scrapers, or similar technologies to access, collect data from, or interfere with the Site or Services
• Attempting to gain unauthorized access to any portion of the Site, other user accounts, or systems connected to the Services
• Uploading, transmitting, or distributing any viruses, malware, spyware, or other harmful code or programs
• Engaging in any activity that disrupts, damages, or impairs the functionality, security, or performance of the Site or Services
• Using the Services to harass, threaten, intimidate, defame, or harm any person
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Services without our express written permission
• Circumventing or attempting to circumvent any technological protection measures on the Site
• Violating any applicable law, regulation, or third-party rights, including intellectual property rights
• Attempting to reverse engineer, decompile, or disassemble any software or technology underlying the Services
• Using the Services for any purpose that is unlawful, deceptive, harmful, or objectionable

We reserve the right to investigate any suspected violation of these prohibitions and to take appropriate legal and technical action, including reporting such activities to law enforcement authorities.

5. Orders, Payments, and Pricing

5.1 Placing Orders

When you place an order through our Site, you are making an offer to purchase the selected food items and services at the stated price. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our discretion, including in cases of pricing errors, supply limitations, or suspected fraudulent activity.

Once your order is confirmed, you will receive an order confirmation via email or through the Site. This confirmation constitutes our acceptance of your order and forms a binding transaction between you and Marcos.

5.2 Pricing and Fees

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices displayed at the time of order placement are the prices you will be charged. Applicable taxes, delivery fees, service charges, and gratuities may be added to your order total and will be clearly displayed before checkout confirmation.

We make every effort to ensure that our pricing is accurate; however, errors may occasionally occur. In the event of a pricing error, we will notify you as soon as possible and give you the option to proceed at the correct price or cancel your order without penalty.

5.3 Payment Methods

We accept various payment methods as indicated on our Site, which may include major credit cards, debit cards, and other authorized electronic payment methods. By providing your payment information, you represent and warrant that you are authorized to use the selected payment method and that the information provided is accurate and complete.

All payment transactions are processed through secure, third-party payment processors. We do not store your full credit card or payment details on our servers. You agree to pay all charges incurred in connection with your account and orders at the prices in effect when such charges are incurred.

5.4 Refunds and Cancellations

Refund and cancellation policies vary depending on the nature of the order and the timing of the cancellation request. Please contact us at [email protected] to inquire about cancellations or refund eligibility. We reserve the right to deny refund requests if the order has already been prepared or dispatched. Food safety regulations may limit our ability to accept returns of perishable food items.

6. Intellectual Property Rights

The Site and all of its content, features, and functionality — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, menus, product descriptions, software, and the selection and arrangement thereof — are the exclusive property of Marcos or its licensors and are protected by United States copyright, trademark, trade dress, patent, and other intellectual property laws.

The Marcos name, logo, trade dress, and all related names, logos, product and service names, designs, and slogans are trademarks of Marcos or its affiliates and licensors. You may not use such marks without our prior written permission. All other names, logos, and marks are the property of their respective owners.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial use and for the purpose of placing orders and using our Services. This license does not include the right to:

• Reproduce, modify, distribute, or publicly display any content from the Site
• Create derivative works based on any content from the Site
• Use any data mining, robots, or similar data-gathering and extraction tools
• Download or copy any portion of the Site for the benefit of any third party

Any use of the Site or its content beyond the scope of this license is strictly prohibited and may violate copyright, trademark, and other applicable laws. Such unauthorized use may result in the immediate termination of your access to our Services.

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

7. Food Safety, Allergens, and Nutritional Information

Marcos takes food safety seriously and strives to provide accurate information about our menu items, including ingredients, allergens, and nutritional content. However, we cannot guarantee that our food products are completely free from any specific allergen, as our kitchen facilities may handle common allergens such as nuts, gluten, dairy, eggs, shellfish, and soy.

If you have food allergies, dietary restrictions, or specific nutritional requirements, you are strongly advised to:

• Review all available allergen information on our Site carefully before ordering
• Contact us directly at [email protected] to inquire about specific ingredients or preparation methods
• Consult with a qualified healthcare provider if you have severe allergies or medical dietary needs

By placing an order, you acknowledge that you have reviewed and understood the available allergen and nutritional information, and you assume full responsibility for any adverse reactions or health consequences arising from consuming our food products.

8. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT, PRODUCTS, AND INFORMATION PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

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 SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE SITE
• WARRANTIES THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCT FOR ANY PARTICULAR PURPOSE OR INDIVIDUAL

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

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL MARCOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, business, or goodwill
• Cost of substitute goods or services
• Damages arising from personal injury or property damage resulting from your use of the Services
• Damages arising from unauthorized access to or alteration of your data or transmissions
• Damages arising from any interruption, suspension, or termination of Services
• Damages resulting from food-related illness or adverse reactions

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

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation of certain damages, so these limitations may not apply to you in full. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Marcos and its officers, directors, employees, agents, licensors, service providers, and contractors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation
• Your use or misuse of the Site or Services
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Any content you submit, post, or transmit through the Site
• Your fraudulent or intentionally wrongful conduct
• Any dispute between you and any third party in connection with the Services

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense of such claim. You will not settle any claim without our prior written consent.

11. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or platforms that are not owned or controlled by Marcos. We have no control over and assume no responsibility for the content, privacy policies, practices, or terms of service of any third-party websites or services.

We do not endorse or make any representations about third-party websites, products, or services. Your use of any third-party websites or services is at your own risk and is subject to the terms and conditions of such third parties. We encourage you to review the privacy policies and terms of service of any third-party sites you visit.

12. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy. Our privacy practices comply with applicable federal and state privacy laws, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) to the extent applicable, and the Federal Trade Commission Act (15 U.S.C. § 45) governing unfair or deceptive trade practices.

Please review our Privacy Policy, available on our Site, to understand our practices regarding your personal information.

13. Governing Law and Jurisdiction

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

You agree that any legal action or proceeding arising under or relating to these Terms that is not subject to arbitration (as described in Section 14) shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby consent to the personal jurisdiction and venue of such courts.

Nothing in this section shall limit our right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact us at [email protected] and provide a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute is not resolved informally within that period, either party may proceed to arbitration as described below.

14.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT OR SEEK INJUNCTIVE RELIEF TO PROTECT INTELLECTUAL PROPERTY RIGHTS, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.

Arbitration shall be conducted by a recognized arbitration organization under its then-current commercial arbitration rules, or as mutually agreed by the parties. The arbitration shall take place in the United States in the jurisdiction where Marcos operates. 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 (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration provision. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

14.3 Class Action Waiver

YOU AND MARCOS EACH AGREE THAT ANY CLAIMS AGAINST THE OTHER MUST BE BROUGHT IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

If a court finds that the class action waiver in this section is unenforceable, then the entirety of this arbitration provision shall be null and void, and the dispute shall be resolved in court as provided in Section 13.

14.4 Small Claims Court

Notwithstanding the above, either party may bring an individual action in a small claims court of competent jurisdiction, provided the claim is within the jurisdictional limits of that court and remains an individual claim not subject to class action proceedings.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Site or Services. We reserve the right, in our sole discretion and without prior notice, to suspend or terminate your access to all or any part of the Site or Services for any reason, including but not limited to your breach of these Terms, suspected fraudulent activity, or failure to pay for services rendered.

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 you incurred prior to termination, including payment obligations.

Upon termination of your access, the following provisions shall survive and remain in full force and effect: Sections 6 (Intellectual Property Rights), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 13 (Governing Law), 14 (Dispute Resolution), 16 (Severability), and any other provisions that by their nature should survive termination.

16. Changes to Terms

We reserve the right to revise, update, or modify these Terms at any time and at our sole discretion. All changes are effective immediately upon being posted on the Site unless we specify a different effective date. We will make reasonable efforts to notify you of material changes, which may include posting a notice on our Site, sending an email to the address associated with your account, or updating the "Last Updated" date at the top of this page.

Your continued use of the Site 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 immediately stop using the Site and Services and, if applicable, delete your account.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of these Terms will always be available on our Site at marcos-eat.click.

17. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or contrary to any applicable law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms entirely. The invalidity, illegality, or unenforceability of any particular provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

The parties agree that any such invalid or unenforceable provision shall be replaced with a valid, enforceable provision that most closely approximates the intent and economic effect of the provision being replaced.

18. Entire Agreement and Waiver

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

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver of any term or condition set forth in these Terms shall be effective unless in writing and signed by an authorized representative of Marcos. Any waiver of a particular right or provision shall not constitute a waiver of any other rights or provisions in these Terms.

19. Force Majeure

Marcos shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government orders, civil disturbances, strikes, labor disputes, supply chain disruptions, utility failures, cyberattacks, or any other events or circumstances beyond our reasonable control ("Force Majeure Events").

In the event of a Force Majeure Event, we will use reasonable efforts to resume affected Services as soon as practicable and will notify you of any material impact on your orders or service availability through the contact information associated with your account or through a notice on our Site.

20. Electronic Communications

By using our Site and Services, you consent to receiving electronic communications from us, including emails, text messages, push notifications, and Site notifications, as described in our Privacy Policy. These electronic communications may include information about your account, orders, promotions, updates to our policies, and other matters related to the Services.

You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. For purposes of these Terms, your electronic acceptance of any offer, agreement, or notice through the Site shall have the same legal effect as a handwritten signature.

You may opt out of receiving promotional communications from us 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 does not affect our right to send you transactional or service-related communications.

21. Accessibility

Marcos is committed to ensuring that our Site and Services are accessible to all users, including those with disabilities, to the greatest extent practicable. If you experience any difficulty accessing our Site or Services due to a disability, please contact us at [email protected] so that we may assist you and work to address any accessibility issues.

22. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you need to contact us for any purpose related to these Terms, please reach out to us using the following contact information:

We will make every reasonable effort to respond to your inquiries in a timely and professional manner. For urgent matters related to existing orders, please contact us directly by email at [email protected] and include your order number and a description of your concern in the subject line.