Terms of Service

Please read these Terms of Service carefully before using our website or services. By accessing or using marcosmeal.rest, you agree to be bound by these Terms of Service and all applicable laws and regulations.

1. Acceptance of Terms

Welcome to Marcos ("Company," "we," "us," or "our"). These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," or "you") and Marcos, governing your access to and use of the website located at marcosmeal.rest, as well as any related services, products, content, features, and functionality offered by Marcos (collectively, the "Services").

By accessing, browsing, or using our website and Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, you must immediately discontinue your use of the website and Services.

These Terms apply to all visitors, users, customers, and other persons who access or use our Services. If you are using our Services on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you personally and that entity.

You must be at least eighteen (18) years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years old. If you are under 18 years of age, you may not use our Services without the supervision and consent of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Marcos is a food service business operating in the United States. Through our website and related channels, we offer the following services:

• Food Ordering: Online ordering of food and beverages, including delivery and/or pickup options where available.
• Menu Information: Access to our current menu offerings, pricing, and nutritional information.
• Reservations and Scheduling: Tools for reserving tables, scheduling catering services, or placing advance orders.
• Customer Accounts: Registration and management of personal customer accounts for streamlined ordering experiences.
• Promotions and Loyalty Programs: Access to special offers, discounts, and loyalty reward programs as may be offered from time to time.
• Catering and Special Event Services: Coordination of food services for events, gatherings, and corporate functions.
• Customer Support: Assistance with orders, complaints, inquiries, and general customer service.

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 Services. We also reserve the right to impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.

Our menu items, pricing, availability, and service options are subject to change without notice. Availability of specific items may vary based on location, time of day, season, and ingredient availability. We make reasonable efforts to keep our website updated, but we do not guarantee that all information displayed is current or accurate at all times.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a user of our Services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or otherwise interacting with our Services.
• Maintain the confidentiality of your account credentials and promptly notify us of any unauthorized use of your account.
• Use our Services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our Services.
• Respect the rights and dignity of other users and our employees.
• Provide complete and correct delivery information, including address and contact details, to facilitate proper fulfillment of orders.

3.2 Prohibited Activities

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

• Fraudulent Conduct: Submitting false, fraudulent, or misleading orders, payment information, or personal data; attempting to obtain food, services, or refunds through deceptive means.
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, databases, or other users' accounts through hacking, password mining, or any other means.
• System Interference: Using automated scripts, bots, scrapers, or other automated tools to access, monitor, or copy our website content without prior written consent.
• Malware and Harmful Code: Uploading, transmitting, or distributing viruses, malware, trojan horses, or any other malicious code that may harm our systems or other users.
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works from our content without express written authorization.
• Harassment and Abuse: Harassing, threatening, intimidating, or abusing our employees, staff, delivery personnel, or other customers.
• Impersonation: Impersonating any person or entity, including our employees or representatives, or falsely claiming affiliation with any person or organization.
• Spam and Unsolicited Communications: Using our platform to send unsolicited commercial messages, spam, or promotional materials to other users.
• Data Mining: Collecting or harvesting personal information of other users without their consent.
• Resale Without Authorization: Reselling our Services or food products obtained through our platform for commercial purposes without our written consent.
• Circumventing Security: Attempting to bypass, disable, or interfere with any security features of our website or Services.
• Illegal Transactions: Using our Services to facilitate any illegal transaction or activity prohibited by applicable federal, state, or local law.

Violation of any of the above prohibitions may result in immediate termination of your account, refusal of service, and where warranted, legal action. We reserve the right to investigate and report suspected illegal or prohibited activities to law enforcement authorities.

4. Intellectual Property Rights

All content, materials, and elements available on our website and through our Services, including but not limited to text, graphics, logos, icons, images, photographs, audio and video clips, data compilations, software, menu designs, branding, and other intellectual property (collectively, "Content"), are owned by or licensed to Marcos and are protected under the laws of the United States, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and other applicable intellectual property laws.

The Marcos name, logo, trade dress, and all related marks, trade names, and slogans are trademarks or registered trademarks of Marcos. Nothing in these Terms grants you any right or license to use our trademarks, logos, or brand elements without our prior written consent.

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

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our website or Services;
• Modify, adapt, translate, reverse engineer, or create derivative works based on our Content;
• Use data mining, robots, or similar data gathering and extraction tools on our website;
• Frame or mirror any part of our website without our prior written consent.

Any unauthorized use of our Content or intellectual property will constitute a breach of these Terms and may violate applicable intellectual property laws, resulting in civil and/or criminal liability. We aggressively protect our intellectual property rights and will pursue all available legal remedies for infringement.

If you believe that content on our website infringes your intellectual property rights, please contact us at [email protected] with detailed information about the alleged infringement, as required by the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA").

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 do not include applicable sales taxes, delivery fees, service charges, or gratuity unless expressly stated. The total cost of your order, including all applicable charges, will be displayed prior to final confirmation of your order.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on our website at the time of purchase. 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.

5.3 Order Confirmation and Billing

Your order is not confirmed until you receive an order confirmation from us. We reserve the right to refuse or cancel any order for any reason, including but not limited to errors in pricing or product descriptions, suspected fraud, or unavailability of items. If your payment has already been processed and we cancel your order, we will issue a refund using the original payment method.

5.4 Refunds and Cancellations

Refund and cancellation policies vary depending on the nature of the order and the circumstances involved. Once an order has been prepared or is in transit, cancellations may not be accepted. If you experience a problem with your order, please contact us promptly at [email protected]. We will evaluate each situation on a case-by-case basis and, at our sole discretion, may offer a refund, replacement, or credit as appropriate.

5.5 Taxes

You are responsible for all applicable sales taxes, use taxes, or other taxes and fees associated with your purchases. We are required to collect applicable sales tax in states and jurisdictions where we have a nexus and are legally required to do so.

6. Disclaimers — Services Provided "As-Is"

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT 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;
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH OUR SERVICES;
• WARRANTIES THAT ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED;
• WARRANTIES REGARDING THE SUITABILITY OF FOOD PRODUCTS FOR SPECIFIC DIETARY NEEDS, ALLERGIES, OR HEALTH CONDITIONS.

We do not warrant or make any representations regarding the results that may be obtained from using our Services or the accuracy of any information obtained through our Services. You are solely responsible for any damage to your device or loss of data resulting from the use of our Services.

Allergen Notice: Our food products may contain or come into contact with common allergens, including but not limited to peanuts, tree nuts, dairy, eggs, wheat, soy, fish, and shellfish. While we make reasonable efforts to accommodate dietary restrictions and allergies, we cannot guarantee that cross-contamination will not occur in our kitchen environment. Customers with severe food allergies are advised to exercise caution and contact us directly before placing an order.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARCOS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of, or inability to access or use, our Services;
• Any conduct or content of any third party on or through our Services;
• Any content obtained from our Services;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any food products ordered through our Services, including adverse reactions, illness, or injury;
• Errors, inaccuracies, or omissions in our menu, pricing, or other information;
• Delays or failures in delivery services;
• Service interruptions, system failures, or security breaches.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

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

8. Indemnification

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

• Your violation of these Terms or any applicable law or regulation;
• Your use of or inability to use our Services;
• Your submission of any content, information, or data through our Services;
• Your infringement of any intellectual property or other rights of any person or entity;
• Any misrepresentation made by you in connection with your use of our Services;
• Any negligent, reckless, or intentional misconduct on your part;
• Any disputes between you and another user or third party arising from your use of our Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. 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 of America and the applicable laws of the state in which Marcos operates, without regard to any conflicts of law principles that would otherwise apply.

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

Our Services are intended for use in the United States. We make no representation that our Services are appropriate or available for use in other locations. Those who choose to access our Services from other locations do so at their own initiative and are responsible for compliance with local laws.

These Terms shall be interpreted in accordance with the Federal Arbitration Act (9 U.S.C. § 1 et seq.), the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), and other applicable federal statutes, as well as applicable state consumer protection laws.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to contact us first and attempt to resolve any dispute informally. You may contact us at [email protected] to describe the nature of your dispute and the relief you are seeking. We will attempt in good faith to resolve the dispute within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally within that period, either party may proceed to formal dispute resolution as set forth below.

10.2 Binding Arbitration

EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF OR CLAIMS REGARDING INTELLECTUAL PROPERTY RIGHTS, ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OUR SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitrator shall have the authority to award any remedy that would be available in court, and the arbitrator's decision shall be final and binding. The arbitration shall take place in the United States, and the parties may participate by telephone or video conference if mutually agreed upon.

10.3 Class Action Waiver

YOU AND MARCOS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both parties 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.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm pending the resolution of a dispute through arbitration. Small claims court actions may also be brought by either party for disputes within the jurisdictional limits of the applicable small claims court.

10.5 Time Limitation on Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, THE CLAIM SHALL BE PERMANENTLY BARRED, REGARDLESS OF ANY STATUTE OF LIMITATIONS TO THE CONTRARY.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you continue to access or use our Services, including maintaining an account with us.

11.2 Termination by You

You may terminate your relationship with us at any time by ceasing to use our Services and, if applicable, by closing your account. Closing your account does not relieve you of any obligations incurred prior to termination, including any outstanding payment obligations.

11.3 Termination by Marcos

We reserve the right to suspend or terminate your access to our Services, with or without notice and with or without cause, including but not limited to the following circumstances:

• You have violated or we reasonably suspect that you have violated these Terms;
• You have engaged in fraudulent, abusive, or illegal activity;
• We are required to do so by applicable law or a government authority;
• Your continued use poses a risk to us, other users, or third parties;
• We have decided to discontinue or substantially modify our Services.

11.4 Effect of Termination

Upon termination of your account or access to our Services: (a) all licenses and rights granted to you under these Terms shall immediately cease; (b) you must immediately cease all use of our Services; (c) we may, but are not obligated to, delete your account data and content. Provisions of these Terms that by their nature should survive termination shall survive, including without limitation, intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law provisions.

12. Third-Party Services and Links

Our website may contain links to third-party websites, services, or resources, including payment processors, delivery platforms, social media platforms, and other service providers. These third-party services are not under our control, and we are not responsible for their content, privacy practices, terms of service, or accuracy of information. The inclusion of any third-party link does not imply endorsement, sponsorship, or recommendation by Marcos.

We encourage you to review the terms of service and privacy policies of any third-party services you access through our website. Your interactions with third parties are solely between you and those third parties, and Marcos shall have no liability whatsoever for any loss or damage arising from your dealings with any third party.

13. Privacy and Data Protection

Our collection, use, and sharing of your personal information is governed by our Privacy Policy, which is incorporated into and made a part of these Terms by reference. By using our Services, you consent to our collection and use of your personal data in accordance with our Privacy Policy.

To the extent that you are a California resident, your privacy rights are further governed by the California Consumer Privacy Act of 2018 ("CCPA"), as amended by the California Privacy Rights Act of 2020 ("CPRA"), and any applicable regulations thereunder. Please review our Privacy Policy for more information about your rights and our data practices.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify, update, or replace these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by providing additional notice such as a prominent statement on our website or an email notification to registered users.

Your continued use of our Services following the posting of any changes to these Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for updates. If you do not agree to the modified Terms, you must immediately discontinue your use of our Services.

We encourage you to bookmark this page and check it regularly. All changes are effective immediately upon posting unless otherwise stated.

15. Force Majeure

We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control ("Force Majeure Event"), including but not limited to acts of God, natural disasters, pandemics, government actions, power outages, internet disruptions, labor disputes, supply chain failures, or other circumstances beyond our reasonable control.

In the event of a Force Majeure Event, our obligations under these Terms shall be suspended for the duration of the Force Majeure Event. We will make reasonable efforts to find solutions or alternative arrangements where possible.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on our website, constitute the entire agreement between you and Marcos with respect to your use of our Services and supersede all prior and contemporaneous agreements, communications, representations, and understandings, whether oral or written, relating to your use of our Services.

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, and any failure of Marcos to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Severability

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, 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 replaced with a valid, enforceable provision that most closely matches the intent of the original provision.

The headings in these Terms are included for convenience only and shall not affect the interpretation of these Terms. Any ambiguity in these Terms shall not be construed against the drafting party.

18. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this restriction shall be null and void. Marcos may freely assign its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

19. Electronic Communications and Notices

By using our Services, you consent to receive communications from us electronically, including via email and notices posted on our website. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

Notices to us should be sent via email to [email protected]. Notices from us to you will be delivered to the email address associated with your account or posted on our website.

20. Compliance with Laws

You agree to comply with all applicable local, state, and federal laws and regulations in connection with your use of our Services. This includes, without limitation, laws regarding online conduct, acceptable content, consumer protection, food safety, and the transmission of data. We comply with all applicable food safety regulations, including those enforced by the U.S. Food and Drug Administration (FDA) and applicable state and local health authorities.

We operate in compliance with the Americans with Disabilities Act (ADA) and strive to make our website accessible to all users. If you experience accessibility issues with our website, please contact us at [email protected] and we will make reasonable efforts to assist you.

21. Contact Information

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

Our customer service team will make every effort to respond to your inquiries promptly. For urgent matters relating to food safety or orders in progress, we recommend contacting us by email at [email protected] and clearly marking your inquiry as urgent.