Terms of Service

Effective Date: June 9, 2026  |  Last Updated: June 9, 2026

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and Marcos ("Company," "we," "us," or "our"), governing your access to and use of the website eat-marcos.click, including all content, features, products, and services available on or through the Site.

By using our Site, you represent and warrant that:

• You are at least 18 years of age, or if you are between 13 and 17 years of age, you have obtained verifiable parental or legal guardian consent;
• You have the legal capacity and authority to enter into a binding agreement;
• You will comply with all applicable federal, state, and local laws and regulations while using our Site and services;
• All information you provide to us is accurate, current, and complete.

If you are accessing or using our Site on behalf of a business, organization, or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, and in such cases, "you" and "your" shall refer to both you individually and such entity.

These Terms incorporate by reference our Privacy Policy, which is available on our Site. Together, these documents form the complete agreement between you and Marcos regarding your use of our services.

2. Description of Services

Marcos is a food service business operating in the United States. Through our website eat-marcos.click, we offer the following services (collectively, the "Services"):

• Online Menu Browsing: Users may view our current menu offerings, including food items, pricing, descriptions, and availability information;
• Online Ordering: Users may place orders for food and beverages through our Site for delivery, pickup, or dine-in arrangements as available;
• Account Creation and Management: Users may create personal accounts to streamline ordering, track order history, and save preferences;
• Promotions and Loyalty Programs: We may offer special promotions, discounts, coupons, or loyalty rewards programs from time to time, subject to their own terms and conditions;
• Customer Support: We provide customer service assistance via the contact information listed at the end of these Terms;
• Informational Content: We provide general information about our business, locations, hours, and offerings.

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 or any portion thereof.

Availability of certain menu items, promotions, or services may vary by location, time of day, or other factors. We do not guarantee the availability of any specific item or service at any given time.

3. User Accounts and Registration

Certain features of our Site may require you to create a user account. When creating an account, you agree to:

• Provide accurate, complete, and current information during the registration process;
• Maintain and promptly update your account information to keep it accurate and current;
• Maintain the confidentiality of your account credentials, including your username and password;
• Accept full responsibility for all activities that occur under your account, whether or not authorized by you;
• Notify us immediately of any unauthorized use of your account or any other breach of security at [email protected].

We reserve the right to suspend or terminate your account at our sole discretion, without prior notice, if we reasonably believe that you have violated these Terms or engaged in any fraudulent, abusive, or otherwise improper conduct. You may not create more than one personal account, and you may not transfer your account to another person without our prior written consent.

4. User Obligations and Prohibited Activities

As a condition of your use of the Site and Services, you agree to use the Site only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit anyone's use or enjoyment of the Site.

4.1 General Obligations

You agree to:

• Comply with all applicable federal, state, and local laws and regulations, including but not limited to the Federal Trade Commission Act ("FTC Act"), consumer protection laws, and applicable food safety regulations;
• Provide accurate and complete information when placing orders or communicating with us;
• Pay all charges incurred through your account in a timely manner;
• Use the Site only for personal, non-commercial purposes unless expressly authorized by us in writing;
• Respect the intellectual property rights of Marcos and third parties.

4.2 Prohibited Activities

You expressly agree not to engage in any of the following activities:

• Use the Site or Services for any unlawful purpose or in violation of any applicable law or regulation;
• Submit false, misleading, or fraudulent orders or personal information;
• Impersonate any person or entity or falsely represent your affiliation with any person or entity;
• Attempt to gain unauthorized access to any portion of the Site, other users' accounts, or computer systems or networks connected to the Site;
• Use automated means, including bots, spiders, scrapers, or data mining tools, to access, collect, or copy any content from the Site without our express written permission;
• Transmit any viruses, malware, or other harmful computer code or files through the Site;
• Interfere with or disrupt the integrity, performance, or functionality of the Site or the servers and networks connected to it;
• Engage in any conduct that is harassing, defamatory, abusive, threatening, obscene, or otherwise objectionable toward Marcos, its employees, agents, or other users;
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive source code from the Site or any software associated with it;
• Use the Site or Services to conduct any unauthorized commercial activities, including but not limited to reselling our products or services without written authorization;
• Post, transmit, or distribute any unsolicited advertising, promotional materials, spam, or chain letters through the Site;
• Collect or harvest personally identifiable information from the Site without authorization;
• Circumvent any technological measures we use to protect the Site or Services.

Violation of any prohibited activity may result in immediate termination of your access to the Site and Services and may expose you to civil and criminal liability under applicable law.

5. Ordering, Payment, and Pricing Terms

5.1 Order Placement

All orders placed through our Site are subject to acceptance by Marcos. We reserve the right to refuse or cancel any order at any time for any reason, including but not limited to product availability, errors in the description or pricing of products, or suspected fraudulent activity. If your order is cancelled after payment has been processed, we will issue a full refund to your original payment method.

By placing an order, you represent that you are legally permitted to purchase the items ordered and that all information you provide in connection with your order is accurate and complete.

5.2 Pricing

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without notice. We reserve the right to modify our pricing at any time. Applicable taxes will be calculated and added to your order total at checkout based on your location and the applicable tax rates.

In the event of a pricing error on our Site, we reserve the right to correct such errors and, if applicable, cancel orders placed at the incorrect price. We are not obligated to fulfill orders placed at erroneous prices.

5.3 Payment

We accept major credit cards, debit cards, and other payment methods as indicated on our Site. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

All payments are processed through secure third-party payment processors. We do not store your full credit card or payment information on our servers. Your use of these payment services is subject to the terms and conditions of the applicable payment processor.

5.4 Refunds and Cancellations

Our refund and cancellation policies are as follows:

• Orders may be cancelled within a limited window prior to preparation or dispatch, as communicated at the time of ordering;
• Refund requests for unsatisfactory orders must be submitted within 24 hours of receipt by contacting us at [email protected];
• Refunds are issued at our sole discretion based on the nature of the complaint and applicable circumstances;
• Processing times for approved refunds may vary depending on your financial institution.

6. Food Allergens and Dietary Restrictions

We take food safety seriously; however, we cannot guarantee that our products are free from any specific allergens. Our food is prepared in facilities that may handle common allergens, including but not limited to nuts, dairy, gluten, eggs, soy, shellfish, and fish.

It is your sole responsibility to review all menu descriptions, ingredient information, and allergen disclosures before placing an order. If you have specific dietary restrictions, allergies, or food sensitivities, we strongly encourage you to contact us directly at [email protected] before placing an order to discuss your needs.

7. Intellectual Property Rights

7.1 Ownership

The Site and all of its content, features, and functionality — including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof — are owned by Marcos, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site 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 from the Site;
• Modify or create derivative works based on the Site or its content;
• Use data mining, robots, or similar data gathering and extraction tools;
• Use the Site or any content therein for commercial purposes without our express written consent.

7.3 Trademarks

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 our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

7.4 User-Generated Content

If you submit, post, or otherwise make available any content, feedback, reviews, ratings, or other materials through the Site ("User Content"), you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable, and transferable 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 own or have the necessary rights to grant the foregoing license and that your User Content does not violate any applicable law or infringe any third-party rights.

8. Disclaimers

8.1 As-Is Basis

THE SITE 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, TITLE, AND NON-INFRINGEMENT.

8.2 No Warranty of Accuracy

We do not warrant that the information on our Site is accurate, complete, current, or error-free. Menu items, prices, hours, and availability are subject to change without notice. We do not warrant that the Site will be available at all times, uninterrupted, secure, or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.

8.3 Third-Party Content and Links

The Site may contain links to third-party websites or services. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not endorse any third-party websites, and your use of such sites is at your own risk and subject to the terms and conditions of such sites.

8.4 Health and Nutritional Information

Any nutritional, caloric, or health-related information provided on the Site is for informational purposes only and is not intended as medical or dietary advice. Actual nutritional content may vary based on preparation methods, portion sizes, and ingredient variations. Always consult a qualified healthcare professional regarding your specific dietary needs and health conditions.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARCOS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• Your access to or use of (or inability to access or use) the Site or Services;
• Any conduct or content of any third party on the Site;
• Any content obtained from the Site;
• Unauthorized access to, use of, or alteration of your transmissions or content;
• Any food items ordered or consumed through our Services, including adverse reactions or allergic responses;
• Any delay, interruption, or failure of the Site 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 USE OF THE SITE AND SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO MARCOS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT MARCOS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN SUCH CASES, THE FOREGOING LIMITATION SHALL APPLY TO THE FULLEST 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, suppliers, successors, and assigns from and against any 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;
• Your use of the Site or Services, including but not limited to any User Content you submit, post, or transmit;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or rights of publicity;
• Any negligent, reckless, or intentionally wrongful conduct by you or any person acting on your behalf;
• Any dispute between you and a third party arising from your use of our Services.

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

11. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable state laws, without regard to conflict of law principles that would cause the laws of another jurisdiction to apply.

Any legal action or proceeding arising out of or related to these Terms or your use of the Site and Services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You hereby consent to personal jurisdiction in such courts and waive any objection to the laying of venue in such courts.

These Terms are subject to applicable federal laws including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45), the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), and any other applicable federal and state consumer protection statutes.

If you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as further described in our Privacy Policy.

12. Dispute Resolution

12.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the Site, or the Services, you and Marcos agree to first attempt to resolve the dispute informally. You must send us a written notice of your dispute to [email protected], describing the nature of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute within thirty (30) days of receipt of such notice. If we are unable to resolve the dispute informally within this period, either party may proceed to binding arbitration as described below.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for claims that qualify for small claims court, any and all disputes, controversies, or claims arising out of or relating to these Terms, the Site, or the Services, including the interpretation, validity, enforceability, breach, or termination thereof, shall be settled by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in English.

The arbitrator's decision shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could award, except that the arbitrator shall not have authority to award punitive damages unless authorized by statute.

12.3 Class Action Waiver

YOU AND MARCOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Marcos agree otherwise, 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.

12.4 Exceptions

Notwithstanding the foregoing, nothing in these Terms shall prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, privacy rights, or other proprietary rights.

13. Term and Termination

These Terms shall remain in full force and effect while you use the Site or maintain an account with us. We reserve the right, at our sole discretion and without prior notice, to:

• Suspend or terminate your account and access to the Site and Services for any reason, including violation of these Terms;
• Remove or disable access to any content on the Site at any time;
• Refuse service to any person or entity for any reason not prohibited by applicable law.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Site and Services will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, dispute resolution provisions, and governing law provisions.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify, update, or replace these Terms at any time. When we make material changes to these Terms, we will:

• Post the revised Terms on the Site with a new "Last Updated" date;
• Where required by applicable law or where we deem it appropriate, provide more prominent notice such as email notification to users with accounts.

Your continued use of the Site or Services after any changes to the Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Site and Services and, if applicable, delete your account.

We encourage you to review these Terms periodically to stay informed of any updates. Material changes will not apply retroactively to disputes that arose before the effective date of such changes.

15. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site and Services, you consent to the practices described in our Privacy Policy.

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, the right to delete, the right to opt-out of the sale of personal information, and the right to non-discrimination. Please refer to our Privacy Policy for more details or contact us at [email protected].

16. Electronic Communications

By using our Site, you consent to receive electronic communications from us, including but not limited to order confirmations, receipts, service updates, and promotional communications (where you have opted in to receive such communications). You agree that any notice, agreement, disclosure, or other communication we provide to you electronically satisfies any legal requirement that such communications be in writing.

You may opt out of promotional electronic communications at any time by following the unsubscribe instructions contained in any such communication or by contacting us at [email protected]. Note that opt-out requests do not apply to transactional communications related to your account or orders.

17. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms or in providing the Services to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, wars, terrorism, labor disputes, power failures, internet outages, civil unrest, or any other event beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, we will provide you with notice as soon as reasonably practicable and will make reasonable efforts to minimize the impact on our Services. Our obligations will be suspended for the duration of the Force Majeure Event.

18. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, unlawful, void, or for any reason unenforceable, then 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, consistent with the original intent of that provision and these Terms as a whole.

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 by Marcos to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies 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 understandings, agreements, representations, and warranties, both written and oral, with respect to the Site and Services.

No modification of these Terms shall be effective unless made in writing and signed by an authorized representative of Marcos, except as otherwise provided herein. Headings used in these Terms are for reference purposes only and shall not affect the interpretation of these Terms.

20. Miscellaneous

• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms without restriction.
• No Third-Party Beneficiaries: These Terms are for the sole benefit of you and Marcos and do not confer any rights or remedies upon any third party.
• Relationship of the Parties: Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or franchise relationship between you and Marcos.
• Notices: Any notices or communications required under these Terms shall be sent to Marcos at [email protected]. We may provide notices to you via email at the address associated with your account or through a general notice posted on the Site.

21. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service or our Services, please contact us using the information below: