Terms of Service

Please read these Terms of Service carefully before using the website located at marcosmeal.click (the "Website") or any services offered by Marcos ("Company," "we," "us," or "our"). By accessing or using our Website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately discontinue use of our Website and services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website at marcosmeal.click, placing an order, creating an account, or engaging with any features or services offered by Marcos, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Marcos. If you are using the Website on behalf of an organization, business, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such case, "you" and "your" shall refer to that entity.

You must be at least 18 years of age to use our services. By using our Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are under 18, you may only use our services under the supervision of a parent or legal guardian who agrees to these Terms.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including without limitation if we believe that your conduct violates these Terms or is harmful to other users, the Company, or third parties, or for any other reason.

2. Description of Services

Marcos is a food service business operating within the United States. Through our Website at marcosmeal.click, we offer the following services and features:

• Online browsing of our food menu, including meals, beverages, snacks, and specialty items.
• Online ordering for delivery, pickup, or catering, where available in your geographic area.
• Account registration and management for returning customers.
• Access to promotions, discounts, loyalty programs, and special offers.
• Customer support and communication channels.
• Nutritional information, allergen disclosures, and ingredient details where applicable.
• Any other features, tools, or services we may introduce from time to time.

The availability of our services, menu items, pricing, delivery areas, and hours of operation may vary by location, time of day, season, or other factors. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you.

Marcos operates as a food establishment subject to applicable federal, state, and local food safety regulations in the United States, including but not limited to regulations enforced by the U.S. Food and Drug Administration (FDA) and relevant state and local health departments. We are committed to maintaining food safety standards in all aspects of our operations.

Our Website may contain links to third-party websites, delivery platforms, payment processors, or other external services. We are not responsible for the content, practices, or policies of any third-party service, and your use of such services is governed by their respective terms and policies.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or communicating with us.
• Maintain the security and confidentiality of your account credentials, including your username and password.
• Promptly notify us of any unauthorized use of your account or any other breach of security.
• Use our Website and services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
• Ensure that any information you submit to us does not violate the rights of any third party, including intellectual property rights, privacy rights, or contractual rights.
• Honor all orders placed through our Website and pay for goods and services as agreed at the time of purchase.
• Treat our staff, delivery personnel, and other customers with respect and professionalism.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use our Website or services for any fraudulent, deceptive, or illegal purpose.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Attempt to gain unauthorized access to our Website, servers, databases, or any connected systems or networks.
• Use automated tools, bots, scrapers, crawlers, or other automated means to access, collect, or copy data from our Website without our express written permission.
• Introduce viruses, malware, ransomware, or any other harmful code into our systems.
• Attempt to reverse engineer, decompile, or disassemble any portion of our Website or underlying technology.
• Upload, post, or transmit any content that is defamatory, obscene, offensive, threatening, harassing, or that violates any applicable law.
• Place orders with the intent to defraud or without the genuine intention to complete the transaction.
• Abuse, misuse, or attempt to exploit our promotional offers, discounts, loyalty programs, or referral systems.
• Engage in any activity that disrupts, damages, or interferes with the proper functioning of our Website or services.
• Collect or harvest personal information about other users without their consent.
• Use our Website in any manner that could damage our reputation or business interests.
• Violate any applicable federal, state, or local law, regulation, or ordinance, including the Federal Trade Commission Act (FTC Act) and any applicable consumer protection statutes.

Violation of these prohibited activities may result in immediate termination of your account, cancellation of pending orders, and may subject you to civil and/or criminal liability.

4. Intellectual Property Rights

All content, materials, and intellectual property on the Website at marcosmeal.click, including but not limited to text, graphics, logos, images, photographs, icons, audio clips, digital downloads, data compilations, software, and the overall design and layout of the Website (collectively, the "Content"), are the exclusive property of Marcos or its licensors and are protected by applicable United States and international intellectual property laws, including copyright, trademark, and trade secret laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Website and its Content solely for your personal, non-commercial use in connection with ordering our food products and services. This license does not include the right to:

• Reproduce, distribute, modify, create derivative works of, or publicly display any Content without our prior written consent.
• Use our trademarks, service marks, logos, or trade names without our express written authorization.
• Frame or mirror any portion of our Website on another website without our written permission.
• Use any Content for commercial purposes or in connection with any competing food service or business.

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

Any feedback, suggestions, ideas, or other submissions you provide to us regarding our Website or services ("User Submissions") shall be deemed non-confidential and non-proprietary. By providing such User Submissions, you grant us a perpetual, worldwide, royalty-free, irrevocable license to use, reproduce, modify, adapt, publish, and distribute such content in any form or medium.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on our Website are in United States Dollars (USD) and are subject to applicable sales taxes, delivery fees, service fees, and other charges as disclosed at the time of checkout. We reserve the right to change prices at any time without prior notice, provided that the price you are charged will be the price displayed at the time you complete your order.

5.2 Payment Methods

We accept various forms of payment as indicated on our Website, which may include major credit cards, 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 and authorize us to charge the total order amount to your selected payment method.

5.3 Order Confirmation and Billing

Upon successful placement of an order, you will receive an order confirmation via email or SMS. This confirmation does not guarantee that your order will be fulfilled; we reserve the right to cancel orders due to availability issues, pricing errors, suspected fraud, or other reasons, in which case we will provide a full refund.

5.4 Refunds and Cancellations

Our refund and cancellation policy is as follows:

• Orders may be cancelled within a limited window after placement, as specified during the ordering process.
• Once an order has been prepared or dispatched for delivery, cancellations may not be accepted.
• Refunds for incorrect, missing, or unsatisfactory orders will be assessed on a case-by-case basis. Please contact us at [email protected] within 24 hours of receiving your order to report any issues.
• Approved refunds will be processed to the original payment method within 5–10 business days.

5.5 Taxes

You are responsible for all applicable federal, state, and local taxes, fees, and charges associated with your purchases. We will collect and remit applicable sales tax as required by law in the jurisdictions where we operate.

6. Disclaimers

6.1 As-Is Basis

THE WEBSITE AND ALL SERVICES PROVIDED BY MARCOS 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, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 Food and Allergen Disclaimer

While we make every effort to provide accurate information regarding ingredients, allergens, and nutritional content, we cannot guarantee that our food products are completely free from any specific allergen, contaminant, or substance. Our food is prepared in facilities that may handle common allergens, including but not limited to peanuts, tree nuts, dairy, eggs, wheat, soy, fish, and shellfish. It is your sole responsibility to review all allergen and nutritional information before placing an order, and to inform us of any dietary restrictions or allergies.

MARCOS MAKES NO WARRANTY THAT OUR FOOD PRODUCTS WILL MEET YOUR SPECIFIC DIETARY REQUIREMENTS, MEDICAL NEEDS, OR PERSONAL PREFERENCES. CONSUMPTION OF OUR PRODUCTS IS AT YOUR OWN RISK.

6.3 Website Availability

We do not warrant that our Website will be available at all times, uninterrupted, error-free, or free from viruses or other harmful components. We reserve the right to suspend, modify, or discontinue the Website at any time without notice.

6.4 Third-Party Services

We do not warrant, endorse, or assume responsibility for any third-party services, products, or websites linked to or referenced on our Website. Any reliance on third-party information or services is at your own risk.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARCOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

• Your access to or use of (or inability to access or use) our Website or services.
• Any conduct or content of any third party on the Website.
• Any food products ordered through our Website, including any adverse reactions, illness, or injury.
• Unauthorized access to or alteration of your transmissions or data.
• Any other matter relating to these Terms or our services.

EVEN IF MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO MARCOS IN THE 30 DAYS 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 incidental or consequential damages, so the above limitations may not apply to you in full. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

8. Indemnification

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

• Your violation of these Terms of Service.
• Your use of the Website or services in a manner not authorized by 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 our Website.
• Your negligence, willful misconduct, or fraud.

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

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to them, their subject matter, or their 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 laws of the state in which Marcos is registered and primarily operates, without regard to its conflict of law provisions.

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

To the extent that any applicable consumer protection laws of your state of residence may afford you additional rights or protections, nothing in these Terms shall be deemed to waive those rights. In particular, 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 more fully described in our Privacy Policy.

These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us informally at [email protected] and provide a written description of the dispute, including your name, contact information, a detailed description of the issue, and the relief you are seeking. We will attempt to resolve the dispute informally within 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 DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR YOUR USE OF OUR SERVICES, SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT.

The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration agreement.

10.3 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.

10.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction, provided the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

10.5 Right to Opt Out

You have the right to opt out of the binding arbitration and class action waiver provisions above by sending written notice to us at [email protected] within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, any disputes will be resolved in court as set forth in Section 9 above.

11. Term and Termination

11.1 Term

These Terms of Service shall remain in full force and effect for as long as you access or use our Website or services, unless terminated earlier in accordance with these Terms.

11.2 Termination by You

You may terminate these Terms at any time by discontinuing all use of our Website and services and, if applicable, deleting your account. Termination will 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 Website and services at any time, with or without cause, and with or without notice, including but not limited to situations where:

• You have violated any provision of these Terms.
• We suspect fraudulent, abusive, or illegal activity.
• We are required to do so by applicable law or a government authority.
• We decide to discontinue our services, in whole or in part.

11.4 Effect of Termination

Upon termination for any reason, your right to use our Website and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

12. Changes to Terms

We reserve the right to modify, amend, or update these Terms of Service at any time at our sole discretion. When we make changes, we will post the updated Terms on this page with a revised "Last Updated" date at the top. We may also provide additional notice of material changes, such as by sending an email to the address associated with your account or by displaying a prominent notice on our Website.

Your continued use of our Website or services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must immediately stop using our Website and services and, if applicable, close your account.

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

13. Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason by a court of competent jurisdiction or arbitrator, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the 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 the parties.

The failure of Marcos to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any specific breach shall not constitute a waiver of any subsequent breach of the same or any other provision.

14. Additional Provisions

14.1 Entire Agreement

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

14.2 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 without restriction. These Terms will bind and inure to the benefit of the parties and their respective heirs, successors, and permitted assigns.

14.3 Force Majeure

Marcos shall not be liable for any failure or delay in performance under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, supply chain disruptions, or other events of force majeure. In such circumstances, we will use commercially reasonable efforts to resume performance as soon as practicable.

14.4 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns. Nothing in these Terms, express or implied, is intended to or shall create any legal or equitable right, benefit, or remedy in any third party pursuant to or by reason of these Terms.

14.5 Electronic Communications

By using our Website and services, you consent to receive electronic communications from us, including by email, SMS, or through notices posted on our Website. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

14.6 Compliance with the FTC Act

We are committed to compliance with the Federal Trade Commission Act (FTC Act) and all applicable FTC regulations and guidelines, including those relating to unfair or deceptive acts or practices in commerce. If you believe we have engaged in any unfair or deceptive practice, please contact us directly or file a complaint with the Federal Trade Commission at www.ftc.gov.

15. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your rights, or our services, please contact us using the information below:

We will endeavor to respond to all inquiries within 5 business days. For urgent matters related to food safety, allergen concerns, or order issues, please email us at [email protected] and mark your message as urgent.