Terms of Service

Effective Date: July 4, 2026  |  Last Updated: July 4, 2026

1. Acceptance of Terms

Welcome to Marcos. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Marcos ("Company," "we," "us," or "our"), governing your access to and use of the website located at new-marcos.rest (the "Website") and all related services, features, content, applications, and products offered by Marcos (collectively, the "Services").

By accessing the Website, placing an order, creating an account, or otherwise engaging with our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. These Terms apply to all visitors, users, customers, and others who access or use the Services.

If you are using our Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and in that case, "you" and "your" will refer to such entity. If you do not have such authority, you must not accept these Terms or use the Services on behalf of such entity.

You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract under applicable United States law. If you are under the age of 18, you may only use our Services with the involvement and consent of a parent or legal guardian, who will be responsible for ensuring compliance with these Terms.

2. Description of Services

Marcos is a food service business operating in the United States. Our Services include, but are not limited to, the following:

• Online Ordering: The ability to browse our menu and place orders for food and beverages for pickup or delivery through our Website.
• Menu Information: Access to detailed information about our food products, including descriptions, ingredients, allergen information, pricing, and nutritional content where available.
• Reservation and Scheduling: The ability to schedule pickup times or arrange delivery services to your specified address.
• Account Management: The ability to create and manage a personal account to track orders, save preferences, and manage payment methods.
• Customer Support: Access to our customer service team for inquiries, complaints, feedback, and assistance with orders.
• Promotions and Loyalty Programs: Access to special offers, discounts, promotional codes, and loyalty reward programs when available.
• Catering Services: Ordering food for large groups, corporate events, parties, or other gatherings, subject to availability and separate catering terms.
• Third-Party Delivery: In some cases, delivery may be facilitated through third-party delivery service providers, subject to their respective terms and conditions.

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.

Menu items, prices, availability, and hours of operation are subject to change without prior notice. Images displayed on the Website are for illustrative purposes only and may not exactly represent the actual product delivered or served.

3. User Accounts

Certain features of our Services may require you to create a user account. When creating an account, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy.

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to safeguard your account information.

You are solely responsible for all activities that occur under your account. We reserve the right to terminate accounts, remove or edit content, or cancel orders at our sole discretion if we believe a violation of these Terms has occurred.

4. User Obligations and Prohibited Activities

By using our Services, you agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to those of the United States. You further agree to use our Services only for lawful purposes and in accordance with these Terms.

4.1 General Obligations

• Provide accurate, truthful, and complete information when registering, placing orders, or communicating with us.
• Maintain the confidentiality and security of your account credentials.
• Promptly notify us of any unauthorized use of your account.
• Comply with all applicable laws and regulations when using our Services.
• Treat our employees, staff, delivery personnel, and other users with respect and courtesy.
• Pay for all orders and services in a timely manner using a valid and authorized payment method.

4.2 Prohibited Activities

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

• Fraudulent Activities: Placing fraudulent orders, using stolen or unauthorized payment methods, submitting false chargebacks, or engaging in any form of financial fraud.
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, databases, or other users' accounts through hacking, password mining, or any other means.
• Interference: Interfering with, disrupting, or overloading our Website's infrastructure, including servers and networks connected to the Website.
• Malicious Content: Uploading, transmitting, or distributing any viruses, malware, spyware, or other malicious code that may damage or compromise our systems or other users' devices.
• Automated Access: Using bots, scrapers, crawlers, or other automated tools to access, collect data from, or interact with our Website without our express written consent.
• Impersonation: Impersonating any person or entity, including Marcos employees, or misrepresenting your affiliation with any person or entity.
• Harassment: Harassing, threatening, intimidating, or abusing our employees, staff, delivery personnel, or other users in any way.
• Intellectual Property Violation: Copying, reproducing, distributing, or creating derivative works based on our content, trademarks, or intellectual property without our express written permission.
• False Reviews: Submitting false, misleading, or fabricated reviews, ratings, or testimonials about our products or services.
• Illegal Use: Using our Services for any illegal purpose or in violation of any local, state, federal, or international law or regulation.
• Resale: Purchasing food or other products from us for the purpose of commercial resale without our express written consent.
• Abuse of Promotions: Creating multiple accounts to exploit promotional offers, discounts, or loyalty program benefits beyond their intended use.

Violation of any of the above prohibitions may result in immediate termination of your access to our Services, cancellation of pending orders, and, where appropriate, referral to law enforcement authorities.

5. Ordering, Payment, and Pricing

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected items at the displayed prices. We reserve the right to accept or reject any order at our sole discretion. An order is confirmed only when you receive a confirmation notice from us via email or on-screen notification.

We strive to maintain accurate menu information, but we do not guarantee that all items are available at all times. If an item you ordered is unavailable, we will contact you using the information provided at checkout to offer a suitable alternative or process a full refund for the unavailable item.

5.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes, delivery fees, or service charges unless otherwise specified. The final total, including all applicable fees and taxes, will be displayed before you confirm your order.

We make every effort to ensure that pricing on our Website is accurate. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price and will notify you of the error and provide a full refund of any amount charged.

5.3 Payment Terms

We accept payment through various methods as displayed at checkout, including major credit cards, debit cards, and other digital payment methods. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided.
• The payment information you provide is accurate and complete.
• You authorize us to charge the total amount of your order to the specified payment method.

All payments are processed through secure third-party payment processors. We do not store complete credit card information on our servers. Payment transactions are subject to the terms and privacy policies of our payment processors.

5.4 Refunds and Cancellations

Orders may be cancelled within a reasonable time after placement, subject to our preparation status. Once an order has been prepared or dispatched for delivery, cancellations may not be accepted. Refunds for cancelled or unsatisfactory orders will be processed in accordance with our Refund Policy, available on our Website. Refunds, when approved, will be credited to the original payment method within 5–10 business days, depending on your financial institution.

6. Delivery Services

Delivery availability, fees, and estimated delivery times vary by location and are subject to change. Delivery time estimates provided on the Website are approximations only and are not guaranteed. Marcos shall not be liable for any delays caused by factors beyond our reasonable control, including traffic, weather conditions, or third-party delivery service provider issues.

You are responsible for providing a complete and accurate delivery address. We shall not be liable for failed deliveries resulting from incorrect or incomplete address information provided by you. Risk of loss and title for items purchased from us pass to you upon delivery of the items to the address you specified.

7. Allergen and Dietary Information

While we make reasonable efforts to provide accurate allergen and dietary information on our Website, we cannot guarantee that any food item is completely free from allergens due to the shared preparation environment and potential for cross-contamination. Customers with severe food allergies or dietary restrictions should contact us directly at [email protected] before placing an order to discuss their specific needs.

Marcos shall not be liable for any allergic reactions or health consequences arising from the consumption of our food products by customers who fail to disclose relevant dietary restrictions or who rely solely on the information provided on our Website.

8. Intellectual Property Rights

All content available on or through the Website, including but not limited to text, graphics, logos, images, photographs, menu designs, audio clips, video clips, data compilations, and software, is the property of Marcos or its content suppliers and is protected by applicable United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

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, and marks mentioned on the Website are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content solely for personal, non-commercial purposes in connection with using our Services. This license does not include:

• Any resale or commercial use of the Website or its content.
• Any collection and use of product listings, descriptions, or prices.
• Any derivative use of the Website or its content.
• Any downloading or copying of account information for the benefit of another merchant.
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Website or its content may violate copyright laws, trademark laws, laws of privacy and publicity, and other applicable regulations and statutes. Such unauthorized use may also result in civil and criminal penalties.

9. Disclaimer of Warranties

THE WEBSITE AND ALL 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, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE.
• WARRANTIES THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In such cases, any implied warranties are limited to the maximum extent permitted by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND OTHER APPLICABLE CONSUMER PROTECTION STATUTES, IN NO EVENT SHALL MARCOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL.
• DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE THE SERVICES.
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
• DAMAGES ARISING FROM THE CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SERVICES.

REGARDLESS OF WHETHER MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ALL CASES, MARCOS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO MARCOS IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

11. Indemnification

You agree to defend, indemnify, and hold harmless Marcos, its officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, 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 of Service.
• Your use of the Website or Services in a manner not expressly authorized by these Terms.
• Your violation of any applicable federal, state, or local laws or regulations.
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights.
• Any content you submit, post, or transmit through our Services.
• Your misrepresentation of any information provided to us.
• Any dispute between you and another user of our Services or a third party.

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. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

12. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications that are not owned or controlled by Marcos. These links are provided for your convenience only. 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 or make any representations about third-party websites or services. Your use of third-party websites and services is at your own risk and subject to the terms and conditions of those third parties. We encourage you to review the terms and privacy policies of any third-party websites you visit.

13. Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, disclose, and protect your personal information. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

If you are a resident of California, additional rights may apply to you under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Please refer to our Privacy Policy for details regarding your California privacy rights.

14. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms or your use of our Services shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the state in which Marcos operates, without regard to any conflict of law principles that would cause the application of laws of any other jurisdiction.

You agree that any legal action or proceeding arising out of or related to these Terms or your use of our Services shall be brought exclusively in the federal or state courts of competent jurisdiction located 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.

Nothing in this section shall limit Marcos's right to seek injunctive or other equitable relief in any court of competent jurisdiction where necessary to protect its intellectual property rights or other proprietary interests.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal legal proceedings, we encourage you to contact us directly to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our Services. Please reach out to us at [email protected] with a detailed description of your complaint. We will make reasonable efforts to resolve your concern within thirty (30) days of receipt of your complaint.

15.2 Binding Arbitration

If informal resolution is unsuccessful, you and Marcos agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Services, shall be resolved by binding arbitration rather than in court, except that either party may bring individual claims in small claims court if such claims qualify.

The arbitration shall be conducted by a recognized arbitration organization under its applicable rules. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration shall take place in the United States, and the proceedings shall be conducted in English.

15.3 Class Action Waiver

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, CONSOLIDATED, 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.

15.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights.

16. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use our Services. We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of our Services, with or without notice, and with or without cause, including but not limited to:

• Your breach of any provision of these Terms.
• Your engagement in any prohibited activity described in Section 4.
• Requests by law enforcement or other government authorities.
• Discontinuation or material modification of our Services.
• Unexpected technical or security issues or problems.
• Extended periods of inactivity on your account.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation: intellectual property provisions, disclaimers, indemnification, limitations of liability, dispute resolution provisions, and general legal provisions.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to the termination date.

17. Changes to Terms

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

• Posting the revised Terms on our Website with an updated "Last Updated" date.
• Sending an email notification to the address associated with your account (where applicable).
• Displaying a prominent notice on our Website.

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

It is your responsibility to check the Website periodically for changes. The most current version of these Terms will always be available at new-marcos.rest.

18. Force Majeure

Marcos shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, civil unrest, labor disputes, power outages, internet disruptions, terrorism, fire, flood, or other events of force majeure. In such circumstances, Marcos's obligations will be suspended for the duration of the force majeure event.

19. Electronic Communications

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

20. Severability

If any provision of these Terms is held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, and the validity, legality, and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

The failure of any provision of these Terms to be held unenforceable in any jurisdiction shall not affect the enforceability of such provision in any other jurisdiction or the enforceability of any other provision of these Terms in that or any other jurisdiction.

21. Waiver

No failure or delay by Marcos in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies of Marcos under these Terms are cumulative and not exclusive of any rights or remedies provided by law.

22. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or additional terms and conditions published by Marcos on the Website, shall 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, both written and oral, regarding the same subject matter.

23. Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Marcos. Marcos may freely assign or transfer these Terms without restriction. Any attempted assignment in violation of this provision shall be null and void. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

24. Headings

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

25. Contact Information

If you have any questions, concerns, comments, or requests regarding these Terms of Service, please contact us using the following information:

We aim to respond to all inquiries within five (5) business days. For urgent matters related to food safety or allergic reactions, please contact us immediately at the email address listed above.