Terms of Service

Effective Date: May 22, 2026  |  Last Updated: May 22, 2026

1. Acceptance of Terms

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"), the operator of the website located at marcos-food.top (the "Website") and all related food services provided through or in connection with the Website.

By accessing, browsing, registering on, or using the Website, placing an order, or otherwise interacting with our services, you expressly acknowledge that:

• You have read, understood, and agree to be bound by these Terms in their entirety;
• You are at least 18 years of age, or if you are between the ages of 13 and 17, you are accessing the Website under the supervision and with the consent of a parent or legal guardian who also agrees to these Terms;
• You have the legal capacity and authority to enter into a binding agreement;
• Your use of our services complies with all applicable federal, state, and local laws and regulations of the United States.

If you are using the Website on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include that entity.

2. Description of Services

Marcos operates as a food-related business providing products and/or services through its website at marcos-food.top. Our services may include, but are not limited to:

• Online Food Ordering: The ability to browse menus, select food items, and place orders for pickup, delivery, or dine-in where applicable;
• Menu Information: Display of current menu items, pricing, ingredients, nutritional information, and allergen details to the best of our ability;
• Account Management: Registration and maintenance of a user account to facilitate order history, saved preferences, and loyalty rewards where offered;
• Customer Support: Communication channels for inquiries, complaints, feedback, and general assistance related to our food products and services;
• Promotions and Offers: Publication of special deals, discount codes, promotional offers, and loyalty program benefits as made available from time to time;
• Catering and Special Orders: Placement of catering requests or custom food orders subject to availability and additional terms;
• General Information: Sharing of company news, food content, recipes, blog posts, and other informational materials related to our brand and offerings.

We reserve the right to modify, suspend, expand, or discontinue any aspect of our services at any time without prior notice, except where required by applicable law. Availability of specific products, menu items, or services may vary by location, season, and inventory levels.

Our food products are intended for lawful personal consumption only. We are not responsible for uses of our products outside their intended purpose. Any stated health benefits or dietary information are provided for general informational purposes and do not constitute medical advice.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of this Website and our services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or otherwise submitting data to us;
• Maintain the security and confidentiality of your account login credentials and notify us immediately if you suspect unauthorized access;
• Update your personal and payment information promptly to keep it accurate and current;
• Use the Website and services only for lawful purposes and in a manner consistent with these Terms;
• Comply with all applicable federal, state, and local laws, including but not limited to those governing consumer transactions, food safety, and electronic commerce;
• Respect the intellectual property rights and other proprietary rights of Marcos and third parties;
• Ensure that any minors in your household do not access age-restricted content or make unauthorized purchases through your account.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities while using our Website or services:

• Using the Website for any fraudulent, deceptive, misleading, or unlawful purpose;
• Attempting to gain unauthorized access to any portion of the Website, its servers, databases, or other systems connected to the Website;
• Using automated tools such as bots, scrapers, spiders, or crawlers to extract data from the Website without our express written consent;
• Interfering with or disrupting the integrity, security, or performance of the Website or its related infrastructure;
• Transmitting or uploading viruses, malware, spyware, or any other harmful or malicious code;
• Posting, transmitting, or sharing content that is defamatory, harassing, hateful, obscene, or otherwise objectionable;
• Impersonating any person or entity, including any employee or representative of Marcos;
• Circumventing, disabling, or otherwise interfering with security-related features of the Website;
• Using our services to collect or harvest personal information about other users without their consent;
• Placing fraudulent orders, using stolen payment credentials, or engaging in chargebacks in bad faith;
• Reselling or redistributing food products or services obtained through our Website for commercial gain without prior written authorization;
• Violating any applicable federal, state, or local laws or regulations in connection with your use of the Website or our services.

We reserve the right to investigate suspected violations and to take appropriate legal action, including reporting violations to law enforcement authorities, suspending or terminating accounts, and seeking injunctive relief or damages as permitted by applicable law.

4. Account Registration and Security

Certain features of our Website may require you to create a user account. When registering, you must provide truthful and complete information. You are solely responsible for all activity that occurs under your account. You agree to:

• Choose a strong, unique password and not share it with any third party;
• Log out of your account at the end of each session on shared or public devices;
• Immediately notify us at [email protected] if you become aware of any unauthorized use of your account or any other security breach.

We will not be liable for any loss or damage arising from your failure to protect your account credentials. You may be held liable for losses incurred by Marcos or other parties due to unauthorized use of your account resulting from your failure to maintain account security.

5. Ordering, Pricing, and Payment Terms

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase food products or services at the listed price. All orders are subject to acceptance by Marcos. We reserve the right to refuse or cancel any order at our discretion, including but not limited to cases involving pricing errors, suspected fraud, stock unavailability, or delivery limitations.

5.2 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable taxes unless expressly stated. Sales tax will be calculated and applied at checkout in accordance with applicable state and local tax laws. We make reasonable efforts to ensure that pricing information is accurate, but errors may occur. In the event of a pricing error, we reserve the right to cancel the order and refund any payment received.

5.3 Payment

Payment for orders must be made through the payment methods accepted on the Website at the time of your order, which may include major credit and debit cards, digital wallets, or other payment processors as available. 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 full order amount to your specified payment method.

All transactions are processed through secure, encrypted payment gateways. We do not store full credit card numbers on our servers.

5.4 Refunds and Cancellations

Our refund and cancellation policy is subject to the specific nature of each order. Given the perishable nature of food products, all sales are generally considered final once an order has been confirmed and preparation has commenced. Refunds or replacements may be offered at our discretion in cases of order errors, food quality issues, or non-delivery. Please contact us at [email protected] within a reasonable time of receiving your order to report any issues.

6. Intellectual Property Rights

All content, materials, and elements available on or through the Website are the exclusive property of Marcos or its licensors and are protected under United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable laws.

Without limitation, the following are protected intellectual property of Marcos:

• The Marcos name, logo, branding, and trade dress;
• All text, graphics, photographs, images, icons, illustrations, and videos on the Website;
• Menu designs, recipes, and proprietary food formulations;
• Software, code, algorithms, and Website architecture;
• All trademarks, service marks, and trade names used in connection with our business.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes only. This license does not include the right to:

• Copy, reproduce, modify, create derivative works from, or distribute any Website content;
• Use any content for commercial purposes without our express written consent;
• Remove or alter any copyright, trademark, or proprietary notices on the Website;
• Frame or mirror any portion of the Website without prior written authorization.

Any unauthorized use of our intellectual property may constitute an infringement under applicable law and may subject you to civil and/or criminal liability. If you believe that content on our Website infringes your copyright, please notify us pursuant to the Digital Millennium Copyright Act (DMCA) at [email protected].

7. User-Generated Content

If you submit reviews, comments, feedback, photos, or other content to our Website or social media channels ("User Content"), you grant Marcos a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, distribute, and display such User Content in connection with our business, marketing, and promotional activities.

You represent and warrant that your User Content does not infringe the rights of any third party and complies with all applicable laws. We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate at our sole discretion.

8. Disclaimers and "As-Is" Basis

Nutritional, allergen, and ingredient information is provided in good faith based on available data but may not be complete or fully accurate due to variations in preparation, sourcing, and product formulation. Customers with food allergies, intolerances, or specific dietary requirements are strongly encouraged to contact us directly before placing an order.

We do not warrant that our food products are free from all allergens, cross-contamination, or pathogens. Consumption of our food products is at your own risk.

9. Limitation of Liability

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

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for certain types of damages. In such jurisdictions, our liability will be limited to the fullest extent permitted by law. Nothing in these Terms shall limit our liability for fraud, personal injury caused by our negligence, or any other liability that cannot be excluded or limited under applicable law.

10. Indemnification

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

• Your use of or inability to use the Website or our services;
• Your breach of any provision of these Terms;
• Your violation of any applicable law, regulation, or the rights of any third party;
• Any User Content you submit, post, or transmit through the Website;
• Your negligence, willful misconduct, or fraudulent activity;
• Any claims by third parties arising from your use of our food products outside of their intended and lawful purpose.

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 covered by this indemnification provision without our prior written consent.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or platforms, including but not limited to payment processors, social media platforms, delivery service providers, and review platforms. These links are provided for your convenience only. Marcos does not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party website or service.

Your interactions with third-party websites or services are governed solely by their respective terms and privacy policies. We encourage you to review the terms and privacy policies of any third-party site you visit. We shall not be liable for any harm or damages arising from your use of third-party websites or services.

12. Food Safety and Allergy Notice

Our food products are prepared in facilities that may handle common allergens, including but not limited to peanuts, tree nuts, milk, eggs, wheat, soy, fish, shellfish, and sesame. We cannot guarantee that any product is completely free of allergens or cross-contamination. If you have a food allergy, sensitivity, or medical dietary requirement, please contact us at [email protected] before placing your order.

We comply with applicable federal and state food safety regulations, including those established by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA). However, by purchasing and consuming our products, you acknowledge the inherent risks associated with food consumption and agree that Marcos shall not be liable for adverse reactions, illness, or injury except where directly caused by our proven gross negligence or intentional misconduct.

13. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information. By using our Website, you consent to the practices described in our Privacy Policy. You can review our Privacy Policy on the Website.

To the extent 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 described in our Privacy Policy.

14. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to these Terms, your use of the Website, or our products and services shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which Marcos is registered or primarily operates, without regard to its conflict of law provisions.

To the extent permitted by law, you agree that any legal action or proceeding not subject to binding arbitration (as set forth in Section 15 below) shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States, and you hereby irrevocably submit to the personal jurisdiction of such courts.

Our services are intended for use within the United States. We make no representation that the Website or our products are appropriate or available in locations outside the United States. If you access our Website from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to contact us informally first by emailing us at [email protected] with a description of your dispute and the relief you seek. We will attempt to resolve your concern within thirty (30) days of receiving your notice. Many disputes can be resolved quickly and informally, and we encourage this approach.

15.2 Binding Arbitration

If informal resolution is unsuccessful, you and Marcos agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Website, or our food products and services (including disputes regarding the interpretation, scope, or enforceability of this arbitration provision) shall be resolved exclusively through final and binding arbitration, rather than in court, except as set forth in Section 15.4 below.

Arbitration shall be conducted under the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration organization, applying the AAA's Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND MARCOS EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. All disputes shall be resolved on an individual basis only. The arbitrator shall have no authority to consolidate claims or to arbitrate any claim as a class or representative action.

15.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration. Additionally, claims for amounts within the jurisdiction of small claims court may be brought in small claims court instead of arbitration.

15.5 Opt-Out Right

You may opt out of the arbitration agreement in this Section 15 by sending written notice to us at [email protected] within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement. Opting out will not affect any other terms of this Agreement.

16. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Website or services. We reserve the right, in our sole discretion, to:

• Suspend or terminate your account and access to the Website at any time, with or without cause or notice;
• Restrict your access to certain features or portions of the Website;
• Cancel any pending orders and refuse future orders from you.

Grounds for termination include, but are not limited to, violation of these Terms, suspected fraudulent or illegal activity, abusive or threatening behavior toward our staff or other users, or any conduct that we reasonably determine to be harmful to our business, other users, or third parties.

Upon termination, your license to use the Website will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 6, 8, 9, 10, 14, and 15.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including outstanding payments.

17. Changes to Terms of Service

We reserve the right to update, modify, or revise these Terms of Service at any time at our sole discretion. Changes will be effective immediately upon posting the revised Terms to the Website, unless a longer notice period is required by applicable law. The "Last Updated" date at the top of this page will reflect the date of the most recent revision.

We will make reasonable efforts to notify you of material changes to these Terms through prominent notice on the Website, email notification to registered users, or other appropriate means. However, it is your responsibility to review these Terms periodically to stay informed of any updates.

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

18. Electronic Communications

By using our Website or services, you consent to receiving electronic communications from us, including but not limited to order confirmations, receipts, account notifications, promotional communications, and policy updates. These communications may be delivered via email to the address associated with your account or through notices posted on the 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, to the extent permitted by applicable law.

If you wish to opt out of marketing or promotional communications, you may do so by clicking the "unsubscribe" link in any marketing email or by contacting us at [email protected]. Please note that opting out of marketing communications does not affect our ability to send transactional communications related to your orders or account.

19. Force Majeure

Marcos shall not be liable for any failure or delay in performance of its obligations under these Terms 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 or restrictions, supply chain disruptions, utility failures, labor disputes, acts of war or terrorism, or failures of third-party service providers.

In the event of a force majeure situation, we will make reasonable efforts to notify you of the impact on your order or our services and to resume normal operations as soon as practicable.

20. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by the invalidity or unenforceability of any severed provision.

The invalidity of any provision in one jurisdiction shall not affect the validity of that provision in any other jurisdiction where it may be fully enforceable.

21. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any breach or default of these Terms shall be deemed a waiver of any subsequent breach or default of the same or any other provision. Any waiver by Marcos must be in writing and signed by an authorized representative of Marcos to be effective.

22. Entire Agreement

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

In the event of any conflict between these Terms and any other policy or agreement posted on our Website, these Terms shall prevail unless otherwise expressly stated.

23. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, or if you need to contact us for any reason related to your use of our Website or services, please reach out to us through the following channels:

We strive to respond to all inquiries within five (5) business days. For urgent matters related to food safety, order issues, or account security, please mark your email as urgent and include relevant details to expedite our response.

These Terms of Service were last updated on May 22, 2026. By continuing to use marcos-food.top, you acknowledge that you have read and understood these Terms and agree to be bound by them.