Terms of Service

Please read these Terms of Service carefully before using the website located at marcos-meal.rest or any services offered by Marcos. By accessing or using our website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must discontinue use of our website and services immediately.

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-meal.rest (the "Website"), as well as any related content, features, services, mobile applications, and food-related services offered by Marcos (collectively, the "Services").

By accessing or using the Website, placing a food order, creating an account, subscribing to any service, or otherwise interacting with the Company, you represent and warrant that:

• You are at least 18 years of age, or if you are between 13 and 18 years of age, you have obtained verifiable parental or legal guardian consent;
• You have the legal capacity and authority to enter into this Agreement;
• You are not prohibited from using our Services under any applicable law of the United States or your jurisdiction;
• All information you provide to us is accurate, current, and complete.

If you are using the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you as an individual and that entity.

2. Description of Services

Marcos is a food service business operating within the United States that provides customers with access to food ordering, meal planning, catering coordination, and related culinary services through its website and associated platforms. Our Services may include, but are not limited to:

• Online Food Ordering: Customers may browse our menu offerings and place orders for pickup, delivery, or dine-in services directly through the Website.
• Menu Information: We provide detailed descriptions of food and beverage items, including ingredients, allergen information (where available), pricing, and nutritional data.
• Account Management: Registered users may create and maintain personal accounts to manage orders, save preferences, and access order history.
• Catering and Special Event Services: We may offer catering packages and bulk ordering options for private and corporate events, subject to separate agreements or quotes.
• Promotions and Loyalty Programs: We may offer discounts, promotional codes, loyalty reward points, and special offers from time to time, subject to their own specific terms and conditions.
• Customer Support: Users may contact us for assistance with orders, complaints, inquiries, and general support through designated communication channels.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

Availability of certain menu items, delivery zones, and services may vary based on geographic location, time of day, and operational capacity. Marcos does not guarantee that all items will be available at all times.

3. User Accounts and Registration

Certain features of our Website and Services may require you to register for an account. When creating an account, you agree to:

• Provide accurate, truthful, complete, and current information as prompted by the registration form;
• Maintain and promptly update your account information to keep it accurate and current;
• Keep your account password confidential and not share it with any third party;
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security;
• Accept responsibility for all activities and transactions that occur under your account credentials.

Marcos reserves the right to suspend or terminate any user account at its sole discretion if it believes the account information is inaccurate, fraudulent, or in violation of these Terms. We are not liable for any loss or damage arising from your failure to comply with account security obligations.

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 all applicable federal, state, and local laws and regulations of the United States. You agree not to:

4.1 Prohibited Conduct

• Use the Website or Services for any fraudulent, deceptive, or unlawful purpose;
• Submit false, misleading, or fraudulent orders, reviews, or information;
• Attempt to gain unauthorized access to any portion of the Website, its servers, databases, or any related systems;
• Interfere with, disrupt, or overburden the technical infrastructure of the Website;
• Upload or transmit viruses, malware, spyware, or any other malicious code;
• Impersonate any person or entity, including any employee or representative of Marcos;
• Harvest or collect personally identifiable information from other users without their express consent;
• Use automated scripts, bots, scrapers, or other non-human methods to access or interact with the Website;
• Engage in any conduct that could harm the reputation, goodwill, or business interests of Marcos;
• Post or transmit any content that is defamatory, obscene, offensive, harassing, or otherwise objectionable;
• Violate any applicable federal or state consumer protection laws, including but not limited to the Federal Trade Commission Act, 15 U.S.C. § 41 et seq.;
• Attempt to circumvent any security measures, access controls, or technological protections implemented on the Website;
• Resell or commercially exploit any portion of our Services without prior written authorization from Marcos.

4.2 Food Allergy Responsibility

While Marcos takes reasonable steps to provide accurate allergen information, it is the sole responsibility of the customer to inform us of any food allergies or dietary restrictions prior to placing an order. Marcos shall not be held liable for any adverse reactions resulting from a customer's failure to disclose known allergies or dietary needs.

4.3 Age Restrictions

If any portion of our Services involves the sale or service of alcohol or age-restricted items, you represent and warrant that you are of legal age to purchase such items in the applicable jurisdiction. Marcos reserves the right to refuse service and cancel any order for age-restricted items where proper identification cannot be verified.

5. Orders, Pricing, and Payment Terms

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase food items and services subject to these Terms. All orders are subject to acceptance by Marcos. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to cases of suspected fraud, unavailability of items, or errors in pricing.

5.2 Pricing

All prices listed on the Website are in United States Dollars (USD) and are subject to applicable federal, state, and local sales taxes. Prices may change at any time without prior notice. The price applicable to your order will be the price displayed at the time you complete your order.

5.3 Payment

We accept various forms of payment as indicated on the Website at the time of purchase, which may include major credit and debit cards, digital wallets, and other payment methods. By providing payment information, you represent and warrant that:

• You are authorized to use the designated payment method;
• The payment information you provide is accurate and complete;
• You authorize Marcos to charge the applicable amounts to your chosen payment method.

All payment transactions are processed through secure third-party payment processors. Marcos does not store your full payment card information on its servers. Payment processing is subject to the terms and conditions of the applicable payment processor.

5.4 Refunds and Cancellations

Refund and cancellation policies vary depending on the nature of the order. For standard food orders, cancellations must be made within the time frame specified at checkout. Catering orders may be subject to separate cancellation and refund policies outlined in your catering agreement. Marcos reserves the right to issue refunds at its sole discretion. Any refunds will be processed to the original payment method within a reasonable timeframe.

5.5 Promotional Offers and Discount Codes

Promotional codes, discounts, and loyalty rewards are subject to individual terms and conditions, including expiration dates, minimum order requirements, and geographic restrictions. They cannot be combined with other offers unless explicitly stated. Marcos reserves the right to withdraw, modify, or expire promotional offers at any time without notice.

6. Intellectual Property Rights

All content available on the Website and through the Services, including but not limited to text, graphics, photographs, images, logos, icons, audio clips, video, data compilations, software, and the overall design and layout (collectively, "Content"), is the exclusive property of Marcos or its licensors and is protected under United States copyright, trademark, trade dress, patent, and other applicable intellectual property 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 placing orders and using the Services. This license does not permit you to:

• Copy, reproduce, distribute, republish, download, display, post, or transmit any Content in any form without prior written permission from Marcos;
• Modify, create derivative works of, or exploit any Content for commercial purposes;
• Remove, alter, or obscure any proprietary notices, including copyright and trademark notices;
• Use any data mining, robots, or similar data extraction tools in connection with the Website.

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

If you believe that any Content on the Website infringes upon your intellectual property rights, please notify us immediately in writing at [email protected]. We will respond to valid notices in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

7. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications that are not owned or controlled by Marcos. These links are provided solely for your convenience and informational purposes. Marcos does not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services.

Your interactions with third-party platforms, including payment processors, delivery services, and social media platforms, are governed by their own terms of service and privacy policies. We strongly encourage you to review those policies before engaging with such services. Marcos shall not be liable for any damage, loss, or liability arising from your use of any third-party service.

8. Disclaimers and As-Is Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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, OR TIMELINESS OF ANY CONTENT, INCLUDING MENU INFORMATION, PRICING, OR NUTRITIONAL DATA;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER IS FREE OF HARMFUL ELEMENTS.

Marcos does not warrant that the results obtained from the use of the Services will meet your expectations or requirements. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Food products are perishable and subject to availability. Marcos makes no warranty regarding the specific taste, freshness, or presentation of food items beyond what is reasonably expected in the food service industry.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAWS OF THE UNITED STATES, IN NO EVENT SHALL MARCOS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR PERSONAL INFORMATION;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL ELEMENTS TRANSMITTED BY THIRD PARTIES;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

IN JURISDICTIONS WHERE SUCH LIMITATIONS ARE PERMITTED, MARCOS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT 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).

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you in their entirety. In such cases, Marcos's liability shall be limited to the greatest extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Marcos, and its respective officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related 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 or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Any content or information you submit, post, or transmit through the Website;
• Your negligent or wrongful conduct in connection with the use of the Services;
• Any dispute between you and any third party related to your use of the Services.

Marcos reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with Marcos in asserting any available defenses. This indemnification obligation shall survive the termination of these Terms and your use of the Services.

11. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms, 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 laws, without regard to conflict of law principles.

To the extent any claim or dispute cannot be resolved through arbitration as provided below, you agree to submit to the exclusive personal jurisdiction of the federal and state courts located in the United States for the resolution of any disputes. You waive any objection to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), apply to our Services and business practices. Additionally, if you are a resident of California, your rights may be further governed by the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and other applicable California consumer protection statutes.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy informally by contacting Marcos at [email protected] with a written description of the dispute and your desired resolution. The parties shall attempt in good faith to resolve the dispute within thirty (30) days of the notice.

12.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the breach, termination, enforcement, interpretation, or validity thereof shall be resolved by binding arbitration administered by a recognized arbitration organization operating in the United States, under its then-current applicable rules.

The arbitration shall be conducted in English, in the United States, and the arbitrator's decision shall be final and binding. The arbitrator shall have authority to award any remedy or relief that a court of competent jurisdiction could order, except that the arbitrator shall have no authority to award punitive damages beyond what is expressly permitted by applicable law.

Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines that a party's claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.

12.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the resolution of a dispute. Claims related to infringement of intellectual property rights are also excluded from mandatory arbitration.

13. Term and Termination

13.1 Duration

These Terms shall remain in full force and effect for as long as you access or use the Website or Services, or maintain an account with Marcos.

13.2 Termination by User

You may terminate your account or discontinue use of the Services at any time by contacting us at [email protected] and requesting account deletion. Please note that pending or confirmed orders may not be cancellable after a certain point in the fulfillment process.

13.3 Termination by Marcos

Marcos reserves the right, at its sole discretion, to suspend, restrict, or terminate your access to the Website and Services, with or without notice, for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Fraudulent, abusive, or illegal activity;
• Failure to pay for orders or services;
• Requests by law enforcement or government authorities;
• Unexpected technical or security issues;
• Prolonged periods of inactivity.

13.4 Effect of Termination

Upon termination of your access, all rights and licenses granted to you under these Terms shall immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

14. Changes to Terms

Marcos reserves the right to modify, amend, or update these Terms of Service at any time at its sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page. We may also, at our discretion, provide additional notice through the Website, by email, or through your account interface.

Your continued access to or use of the Website and Services after the posting of revised Terms constitutes your acceptance of and agreement to be bound by the updated Terms. If you do not agree to the revised Terms, you must immediately discontinue your use of the Website and Services.

We encourage you to review these Terms periodically to stay informed of any changes. It is your responsibility to check this page regularly.

15. Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into and forms part of these Terms by reference. By using the Services, you consent to the collection and use of your information as described in our Privacy Policy. You can access our full Privacy Policy on the Website at marcos-meal.rest.

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know what personal information is collected, the right to delete personal information, and the right to opt out of the sale or sharing of personal information.

16. Accessibility

Marcos is committed to ensuring digital accessibility for people with disabilities. We continually improve the user experience for everyone and apply relevant accessibility standards. If you experience any difficulty accessing any part of our Website or Services, please contact us at [email protected] so that we may assist you.

17. Force Majeure

Marcos shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government orders, labor disputes, power outages, internet or communication failures, civil disturbances, war, or terrorist activities.

In the event of a force majeure occurrence, Marcos will use commercially reasonable efforts to resume normal operations as soon as practicable and will notify affected customers as appropriate.

18. Entire Agreement

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

19. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unlawful, void, unenforceable, or in conflict with any applicable law or regulation of the United States or any applicable state, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

The failure of Marcos to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Marcos in writing.

20. Waiver

No waiver by Marcos 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 of Marcos to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver is only effective if it is in writing and signed by an authorized representative of Marcos.

21. Assignment

You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without the prior written consent of Marcos. Any attempted assignment in violation of this provision shall be null and void. Marcos may freely assign or transfer these Terms or any of its rights or obligations hereunder without restriction or notice to you, including in connection with a merger, acquisition, corporate restructuring, or sale of assets.

22. Electronic Communications

By using our Services, you consent to receive electronic communications from Marcos, including but not limited to order confirmations, invoices, promotional offers, and notices related to your account or these Terms. You agree that any agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

23. Contact Information

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

We will make reasonable efforts to respond to all inquiries within a reasonable time period. For urgent matters related to food safety or health concerns, please contact the appropriate local health authorities in addition to reaching out to us.