Terms of Service

Effective Date: May 15, 2026  |  Last Updated: May 15, 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 owner and operator of the website located at marcos-pizza.rest (the "Website"). By accessing, browsing, or otherwise using this Website, by placing an order, by creating an account, or by clicking any "I Agree," "Submit," or similar button, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

If you are using this Website 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, in which case the terms "you" or "your" shall also refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not use or access this Website.

These Terms apply to all visitors, users, customers, and others who access or use the Website, including but not limited to individuals who browse the Website without placing an order, individuals who place orders for food products, and any other party who interacts with the Website in any manner.

Your continued use of the Website after any modifications to these Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates and changes.

2. Description of Services

Marcos operates as a food service business offering customers the ability to browse our menu, place orders for food and beverages online, and arrange for delivery or pickup of those orders. The services provided through marcos-pizza.rest include, but are not limited to:

• Online browsing of our food and beverage menu, including pizzas, sides, desserts, and beverages;
• Online ordering and checkout for delivery or in-store/curbside pickup;
• Account creation and management for returning customers;
• Promotional offers, loyalty rewards, and coupon redemption as may be offered from time to time;
• Customer support and communication services;
• General informational content about our business, locations, and offerings.

We reserve the right, in our sole discretion, 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. Availability of certain menu items may vary by location, time of day, and season, and we make no guarantees regarding the continued availability of any specific product.

Marcos does not guarantee that orders placed through the Website will be fulfilled at any specific time. Estimated delivery and preparation times are approximations only and are subject to change based on order volume, staffing, traffic conditions, and other factors beyond our control.

3. Eligibility and User Obligations

3.1 Eligibility

To use this Website and place orders, you must be at least thirteen (13) years of age. By using this Website, you represent and warrant that you meet this minimum age requirement. If you are under the age of eighteen (18), you may only use the Website with the involvement and consent of a parent or legal guardian. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including in the event that we believe you do not meet eligibility requirements.

3.2 Account Registration

Certain features of our Website may require you to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your account password and login credentials;
• Accept responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account at any time, with or without cause or notice, including if we believe that your account information is inaccurate or that your account has been used in a manner inconsistent with these Terms.

3.3 User Conduct

As a condition of your use of this Website, you agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Computer Fraud and Abuse Act, and all applicable consumer protection statutes;
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website;
• To use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website;
• To use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website without our prior written consent;
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
• To place fraudulent, duplicate, or abusive orders or to use stolen payment information;
• To submit false or misleading reviews, feedback, or ratings;
• To use the Website for any purpose that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.

4. Prohibited Activities

In addition to the conduct restrictions described above, you are expressly prohibited from:

• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website or its content for commercial purposes without our express written permission;
• Reverse engineering, disassembling, or decompiling any software or technology used to operate the Website;
• Removing, altering, or obscuring any proprietary notices, labels, or marks on the Website;
• Using any data mining, scraping, crawling, or similar data-gathering tools on the Website;
• Circumventing any technological measures implemented by us to protect the Website or its content;
• Creating or submitting false accounts or providing false identity information to obtain goods, services, promotions, or discounts;
• Engaging in any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• Manipulating or attempting to manipulate pricing, promotions, or loyalty reward systems.

Violation of any of the foregoing prohibitions may result in immediate termination of your access to the Website and may subject you to civil and/or criminal liability under applicable law.

5. Intellectual Property Rights

The Website and its entire contents, features, and functionality — including but not limited to all information, text, displays, images, video, audio, the design, selection, and arrangement thereof, all trademarks, service marks, logos, trade names, and trade dress — are owned by Marcos, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• You may store files that are automatically cached by your Web browser for display enhancement purposes;
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.

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

6. Payment Terms

6.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Prices shown are exclusive of applicable taxes, delivery fees, and service charges unless otherwise expressly stated. We make every effort to ensure that pricing information is accurate, but we reserve the right to correct any pricing errors and to cancel or refuse any order placed at an incorrect price.

6.2 Payment Methods

We accept various forms of payment as indicated on the Website at the time of checkout. By submitting an order, you authorize us to charge your selected payment method for the total amount of your order, including applicable taxes and fees. You represent and warrant that you have the legal right to use any payment method you submit in connection with any order.

6.3 Order Confirmation

An order confirmation transmitted to you via email or through the Website does not constitute our acceptance of your order. We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to, product availability, errors in pricing or product descriptions, or suspected fraudulent activity. If your order is cancelled after your payment method has been charged, we will issue a refund to your original payment method.

6.4 Refunds and Cancellations

Orders may be cancelled subject to our cancellation policy. Once an order has entered the preparation stage, cancellations may not be possible. Refunds, if applicable, will be issued in accordance with our Refund Policy, which is incorporated herein by reference. Please contact us at [email protected] for any questions regarding refunds or cancellations.

6.5 Taxes

You are responsible for paying all applicable sales taxes, use taxes, and other governmental assessments associated with your purchase. We will collect and remit applicable taxes in jurisdictions where we are required to do so by law.

7. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL CONTENT, SERVICES, PRODUCTS, AND OTHER MATERIALS MADE AVAILABLE THROUGH THE WEBSITE 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, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Marcos does not represent or warrant that:

• The Website or its content will be accurate, complete, reliable, current, or error-free;
• The Website will be available at any particular time or location, uninterrupted, secure, or free of viruses or other harmful components;
• Any defects or errors will be corrected;
• Food items described on the Website will meet your expectations or dietary requirements;
• Nutritional information or allergen details provided are complete or fully accurate, as recipes and ingredient sources may vary.

ALLERGEN AND NUTRITIONAL NOTICE: Our food products are prepared in kitchens that may handle common allergens including but not limited to wheat, dairy, eggs, soy, peanuts, tree nuts, fish, and shellfish. We cannot guarantee that any menu item is free from allergens. Customers with known food allergies or dietary restrictions should exercise caution and contact us directly before placing an order.

Any reliance you place on information provided through the Website is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARCOS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF REVENUE, PROFIT, GOODWILL, DATA, BUSINESS, OR ANTICIPATED SAVINGS;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL MARCOS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MARCOS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

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

9. Indemnification

You agree to defend, indemnify, and hold harmless Marcos and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 of Service;
• Your use of the Website or services in a manner not authorized by these Terms;
• Your violation of any applicable law, rule, regulation, or the rights of any third party;
• Any content or information you submit, post, or transmit through the Website;
• Your negligence, willful misconduct, or fraudulent activity;
• Any dispute between you and another user of the Website or any third party.

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

10. 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 our primary business is registered, without giving effect to any choice of law or conflict of law provisions.

To the extent that any dispute is not subject to arbitration as described in Section 11 below, you agree to submit to the exclusive personal jurisdiction of the federal and state courts located within the United States for the resolution of any such dispute. You hereby waive any objection to the laying of venue of any such proceeding in such courts and waive any objection that such courts are an inconvenient forum.

Notwithstanding the foregoing, if you are located in California, certain additional rights may be available to you under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and other California consumer protection laws. Nothing in these Terms is intended to limit or waive any rights that you may have under applicable state law that cannot be lawfully waived.

These Terms of Service shall be interpreted in accordance with applicable federal law, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and other applicable federal consumer protection statutes.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms or the Website informally by contacting us at [email protected]. We will attempt to resolve the dispute informally by contacting you via email within thirty (30) days of receipt of your notice. If the dispute is not resolved within thirty (30) days after we receive notice, either party may pursue formal dispute resolution as described below.

11.2 Binding Arbitration

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

Except for disputes that qualify for small claims court and except as set forth in Section 11.4 below, all disputes arising from or related to these Terms, the Website, or our services that cannot be resolved informally shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

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

11.4 Exceptions to Arbitration

Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened misappropriation or infringement of intellectual property rights. Either party may also bring individual claims in small claims court if the claim qualifies under applicable small claims court rules.

12. Term and Termination

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

• Deny access to the Website to any person for any reason or no reason;
• Terminate or suspend your account and access to the Website immediately, without prior notice or liability, for any breach of these Terms;
• Delete your account and all associated data in accordance with our Privacy Policy;
• Discontinue or permanently close the Website or any part thereof.

Upon termination of your account or access to the Website for any reason:

• Your right to use the Website will immediately cease;
• Any orders pending at the time of termination may be cancelled at our discretion;
• Provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, intellectual property provisions, indemnification, disclaimers, limitations of liability, governing law, and dispute resolution provisions.

If you wish to terminate your account, you may do so by contacting us at [email protected].

13. Third-Party Links and Services

The Website may contain links to third-party websites, applications, services, and resources that are not owned or controlled by Marcos. We have no control over the content, privacy policies, or practices of any third-party websites or services and assume no responsibility for them. You acknowledge and agree that Marcos shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit. The inclusion of any link on the Website does not imply our endorsement of the linked site or service.

14. Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, describes how we collect, use, disclose, and protect your personal information when you use our Website and services. By using the Website, you acknowledge that you have read and understood our Privacy Policy.

To the extent you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), including the right to know about personal information collected, the right to delete personal information, the right to opt-out of the sale or sharing of personal information, and the right to non-discrimination for exercising your privacy rights. Please review our Privacy Policy for more information or contact us at [email protected].

15. Changes to Terms

We reserve the right to revise and update these Terms of Service at any time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. We will use reasonable efforts to notify you of any material changes to these Terms, including by posting a notice on the Website or sending a notification to any email address associated with your account.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. The date of the most recent revision will always appear at the top of this page.

If we make changes that materially affect your rights or obligations, we will provide at least thirty (30) days' notice before such changes take effect, where practicable. If you do not agree to the revised Terms, you must stop using the Website.

16. Severability

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the parties agree to negotiate in good faith a substitute provision that most nearly reflects the intent of the original provision. The failure of either party to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

17. Waiver

No waiver by Marcos of any term or condition set out in these Terms of Service 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.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on the Website, constitute the entire agreement between you and Marcos with respect to the Website and its services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

No oral or written information or advice given by Marcos or any of its authorized representatives shall create a warranty not expressly stated in these Terms. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms.

19. Force Majeure

Marcos shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including without limitation: acts of God; flood, fire, earthquake, or explosion; pandemic, epidemic, or public health emergency; war, invasion, hostilities, terrorist threats or acts; riot, or other civil unrest; government order, law, or action; embargoes or blockades; national or regional emergency; strikes, labor stoppages, or slowdowns; shortage of adequate power or telecommunications or transportation facilities; or any other event beyond our reasonable control (each, a "Force Majeure Event").

20. Contact Information

If you have any questions, comments, or concerns about these Terms of Service, wish to report a violation, or need to contact us for any reason related to your use of the Website or our services, please contact us using the information below:

We strive to respond to all inquiries within five (5) business days. For urgent matters related to food safety or health concerns, please contact your local health department or emergency services as appropriate.