Terms of Service

Effective Date: May 27, 2026  |  Last Updated: May 27, 2026

1. Acceptance of Terms

Welcome to Marcos ("Company," "we," "us," or "our"). 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 the website located at foodmarcos.click (the "Website"), as well as any related services, features, content, and functionality offered by Marcos (collectively, the "Services").

By accessing or using our Website or Services, placing an order, creating an account, or otherwise engaging with our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional guidelines, policies, or rules that may be posted on the Website from time to time, all of which are incorporated herein by reference.

If you are using our Services on behalf of an organization, business, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In such cases, "you" and "your" shall refer to that entity.

You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction if different, to use our Services. By using our Services, you represent and warrant that you meet this age requirement. We do not knowingly provide Services to minors without verified parental or guardian consent.

These Terms are governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Marcos operates, as further described in the Governing Law section of this Agreement.

2. Description of Services

Marcos is a food-related business that provides customers with access to food products, ordering services, menu information, and related content through our Website at foodmarcos.click. Our Services may include, but are not limited to, the following:

• Online Ordering: The ability to browse our menu, select food and beverage items, customize orders, and submit food orders through our Website.
• Menu Information: Access to current menu offerings, pricing, nutritional information (where available), allergen disclosures, and promotional specials.
• Account Management: The ability to create and manage a personal account, track order history, save favorite orders, and manage preferences.
• Customer Support: Access to customer service and support through our contact channels.
• Promotional Content: Access to promotions, discounts, loyalty programs, and special offers made available from time to time.
• Delivery and Pickup Coordination: Facilitation of food delivery or pickup arrangements, subject to availability in your area.

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

All food products offered through our Services are subject to availability. Menu items, pricing, and offerings may vary by location and are subject to change without prior notice. Images displayed on our Website are for illustrative purposes only and may not exactly represent the final product.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the security and confidentiality of your account credentials and password.
• Promptly notify us of any unauthorized use of your account or any security breach at [email protected].
• Use our Services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
• Comply with all food safety guidelines and handling instructions provided with your order.
• Ensure that someone who is of legal age is present to receive deliveries of any age-restricted products.
• Pay all charges and fees associated with your orders in a timely manner.

3.2 Prohibited Activities

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

Violation of any of the above prohibitions may result in the immediate termination of your account and access to our Services, and may expose you to civil or criminal liability under applicable law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the Federal Trade Commission Act (15 U.S.C. § 45 et seq.).

4. Intellectual Property Rights

4.1 Our Intellectual Property

All content, materials, and elements available on or through our Website and Services, including but not limited to text, graphics, logos, images, photographs, menu designs, recipes, trade secrets, trademarks, service marks, trade names, software, audio, video, and the overall look and feel of the Website (collectively, "Intellectual Property"), are owned by or licensed to Marcos and are protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state laws.

The Marcos name, logo, and all related marks are trademarks or registered trademarks of Marcos. You may not use any of our trademarks, service marks, or trade names without our prior written consent. Unauthorized use of our Intellectual Property may constitute trademark infringement, copyright infringement, or unfair competition in violation of federal and state laws.

4.2 Limited License to Users

Subject to your compliance with these Terms, Marcos grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Services solely for your personal, non-commercial use in connection with ordering food products and using our Services as intended. This license does not permit you to:

• Reproduce, distribute, or publicly display any content from our Website without authorization;
• Modify, create derivative works from, or reverse engineer any part of our Website;
• Use our content for commercial purposes without prior written consent;
• Remove any copyright, trademark, or proprietary rights notices from our content.

4.3 User-Submitted Content

If you submit any content to us, including reviews, feedback, suggestions, or photographs ("User Content"), you grant Marcos a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our Services and business operations. You represent and warrant that you have all necessary rights to grant this license and that your User Content does not infringe any third-party rights.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices shown do not include applicable taxes, delivery fees, service charges, or gratuities unless expressly stated otherwise. You are responsible for all applicable taxes and fees associated with your order.

5.2 Payment Methods

We accept payment through various methods as displayed at checkout, which may include major credit cards, debit cards, and other electronic payment methods. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the total amount of your order to that payment method.

5.3 Order Confirmation

An order is not confirmed until you receive an order confirmation from us via email or through the Website. We reserve the right to cancel or refuse any order at our sole discretion, including in cases of suspected fraud, pricing errors, or product unavailability. In the event of a cancellation, you will receive a full refund of any amounts charged.

5.4 Refunds and Cancellations

Our refund and cancellation policy is subject to specific terms outlined in our Refund Policy, which is incorporated into these Terms by reference. Generally, once an order has been prepared or is in transit, cancellations may not be accepted. If you receive an order that is incorrect, damaged, or does not meet our quality standards, please contact us at [email protected] within a reasonable time of receiving your order.

5.5 Promotional Offers

Promotional offers, discounts, and coupon codes are subject to specific terms and conditions associated with each promotion. Promotions may not be combined unless expressly stated, are non-transferable, and may be subject to expiration dates and other limitations. We reserve the right to modify or discontinue any promotional offer at any time.

6. Food Safety, Allergens, and Dietary Information

Marcos takes food safety seriously and strives to comply with all applicable federal and state food safety regulations, including those administered by the U.S. Food and Drug Administration (FDA) and applicable state health departments. However, you acknowledge the following important information:

Nutritional and ingredient information provided on our Website is for general informational purposes and may not be completely accurate due to variations in preparation, ingredient sourcing, and portion sizes. You are responsible for making informed decisions regarding your dietary needs. Marcos shall not be liable for any adverse reactions or health consequences arising from the consumption of our products, except where such liability cannot be excluded by law.

7. Disclaimers and "As-Is" Basis

7.1 General Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY 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, OR FREE FROM 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;
• WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

7.2 Third-Party Services

Our Website may contain links to third-party websites or integrate with third-party services, including payment processors, mapping services, and delivery partners. Marcos makes no representations or warranties regarding the content, accuracy, or reliability of such third-party services and is not responsible for their practices or terms. Your use of third-party services is at your own risk and subject to their respective terms and conditions.

7.3 Delivery Disclaimer

Estimated delivery times are provided for informational purposes only and are not guaranteed. Delivery availability, fees, and timing may vary based on your location, order volume, weather conditions, and other factors outside our control. Marcos is not responsible for delays caused by circumstances beyond our reasonable control.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, MARCOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

EVEN IF MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL MARCOS'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MARCOS IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Marcos and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to:

• Your access to or use of our Website or Services;
• Your breach 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 User Content submitted by you;
• Your negligence, willful misconduct, or fraud;
• Any dispute between you and any third party related to your use of our Services.

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 case you agree to cooperate fully with us in asserting any available defenses. You shall not settle any claim subject to indemnification without our prior written consent.

10. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which Marcos is domiciled, without regard to its conflict of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of our Services shall be subject to the exclusive jurisdiction of the federal and state courts located within the United States, and you hereby consent to personal jurisdiction and venue in such courts.

We comply with all applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), which prohibits unfair or deceptive acts or practices in commerce. We also comply with applicable food labeling and safety regulations under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.) and regulations promulgated by the U.S. Food and Drug Administration.

To the extent you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as described in our Privacy Policy. Nothing in these Terms is intended to limit any rights you may have under applicable state consumer protection laws.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our Services informally by contacting us at [email protected]. You agree to 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 cannot be resolved informally within this period, either party may proceed with formal dispute resolution.

11.2 Binding Arbitration

EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT.

The arbitration shall be conducted on an individual basis and shall not be consolidated with any other arbitration proceedings. The arbitrator shall have the authority to award any remedy that a court could award, subject to the limitations set forth in these Terms. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MARCOS AGREE THAT EACH PARTY 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, OR REPRESENTATIVE PROCEEDING. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm or protect intellectual property rights. Claims involving amounts within the jurisdiction of small claims court may also be brought in small claims court.

12. Term and Termination

12.1 Term

These Terms shall remain in full force and effect while you use our Website or Services or maintain an account with us. These Terms became effective on May 27, 2026.

12.2 Termination by You

You may terminate these Terms at any time by discontinuing your use of our Website and Services and, if applicable, by deleting your account. Please note that termination does not relieve you of any obligations incurred prior to termination, including payment obligations for completed orders.

12.3 Termination by Marcos

We reserve the right, in our sole discretion, to suspend or terminate your access to our Website and Services at any time, with or without cause, and with or without notice, including but not limited to cases where:

• You breach any provision of these Terms;
• We suspect fraudulent, abusive, or illegal activity associated with your account;
• We decide to discontinue or materially modify our Services;
• Required by applicable law or government order.

12.4 Effects of Termination

Upon termination of these Terms for any reason: (a) your license to use our Services shall immediately terminate; (b) you must cease all use of the Website; (c) any outstanding payment obligations shall remain due and payable; and (d) provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.

13. Changes to Terms

Marcos reserves the right to modify, update, or revise these Terms of Service at any time in our sole discretion. We will notify you of material changes by:

• Posting the updated Terms on our Website at foodmarcos.click with a new "Last Updated" date;
• Sending a notification to the email address associated with your account (if applicable);
• Displaying a prominent notice on our Website.

Your continued use of our Website or Services after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue using our Services immediately. We encourage you to review these Terms periodically to stay informed of any changes.

No modification of these Terms by you shall be valid or binding unless made in writing and signed by an authorized representative of Marcos.

14. Severability

If any provision of these Terms of Service is found to be unlawful, void, invalid, or unenforceable under applicable law, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, while preserving the original intent of the parties to the greatest extent possible.

The failure of Marcos to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any provision of these Terms shall be effective only if in writing and signed by an authorized representative of Marcos, and shall not be construed as a continuing waiver of such provision or a waiver of any other provision.

15. Additional Legal Provisions

15.1 Entire Agreement

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

15.2 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms in connection with a merger, acquisition, reorganization, sale of assets, or operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

15.3 Force Majeure

Marcos shall not be liable for any failure or delay in the performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, civil unrest, labor disputes, supply chain disruptions, internet or telecommunications failures, or any other event or circumstance beyond our reasonable control ("Force Majeure Event"). We will use commercially reasonable efforts to resume performance as soon as practicable following a Force Majeure Event.

15.4 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their respective permitted successors and assigns, and nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature under or by reason of these Terms.

15.5 Electronic Communications

By using our Services, you consent to receiving electronic communications from us, including email, push notifications, and messages posted on our Website. You agree that any notices, disclosures, or other communications that we provide electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

15.6 Headings

The section headings used in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.

16. Accessibility

Marcos is committed to ensuring that our Website and Services are accessible to all users, including those with disabilities, in compliance with applicable accessibility standards. If you experience any difficulty accessing our Website or Services, please contact us at [email protected] and we will make reasonable efforts to assist you.

17. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you need to exercise any rights or submit a complaint, please contact us using the information below:

We will use commercially reasonable efforts to respond to all inquiries within five (5) business days. For urgent food safety concerns, please contact your local health authority or emergency services as appropriate.