Terms of Service

Effective Date: June 24, 2026  |  Last Updated: June 24, 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"), governing your access to and use of the website located at meals-marcos.rest (the "Website") and all related services, content, features, and functionality offered by Marcos (collectively, the "Services").

By visiting our Website, placing an order, creating an account, subscribing to our newsletter, or otherwise interacting 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. If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, and the terms "you" and "your" shall refer to that entity.

You must be at least eighteen (18) years of age to use our Services. By using the Website or placing an order, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are under the age of 18, you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

We reserve the right to update, amend, or modify these Terms at any time, and such changes will be effective immediately upon posting to the Website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically to stay informed of any updates.

2. Description of Services

Marcos is a food service business operating in the United States. We offer a variety of food-related products and services through our Website, including but not limited to:

• Online ordering of food and meal items for pickup or delivery
• Browsing of menus, daily specials, and featured items
• Account creation and management for registered customers
• Loyalty programs, promotions, and special offers
• Catering and bulk order services (where available)
• Customer support and inquiries via email and phone
• Subscription or newsletter services for updates and offers

Our Services are intended to facilitate the ordering and delivery of food products. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

All food items offered through our Website are subject to availability. We reserve the right to limit quantities of any items offered. Descriptions and images of food items on our Website are provided for informational purposes only and may not perfectly represent the actual product. Ingredients, nutritional information, and allergen details are provided to the best of our ability, but Marcos does not guarantee complete accuracy and encourages customers with dietary restrictions or allergies to contact us directly before ordering.

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 or placing an order
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use
• Use the Services only for lawful purposes and in accordance with these Terms
• Comply with all applicable federal, state, and local laws and regulations
• Promptly update your account information to keep it accurate and current
• Take responsibility for all activities that occur under your account
• Ensure that your use of the Services does not infringe upon the rights of any third party

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Services for any unlawful purpose or in violation of any federal, state, or local regulations
• Attempt to gain unauthorized access to any portion of the Website, our servers, or any systems or networks connected to the Website
• Use any automated means, bots, scrapers, or similar technology to access or interact with the Website without our express written permission
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Transmit any viruses, malware, or other harmful code through the Website
• Engage in any conduct that restricts or inhibits any other person's use or enjoyment of the Website
• Post, upload, or distribute any content that is defamatory, obscene, abusive, threatening, or otherwise objectionable
• Collect or harvest personal information about other users without their consent
• Use the Services to send unsolicited commercial communications (spam)
• Attempt to circumvent any security or authentication measures on the Website
• Place fraudulent orders or provide false payment information
• Engage in any activity that could damage, disable, overburden, or impair the Website or its infrastructure
• Reproduce, duplicate, copy, sell, or exploit any portion of the Services without our express written permission

Violation of any of the prohibited activities listed above may result in immediate termination of your account, prohibition from using our Services, and may expose you to civil or criminal liability under applicable federal and state laws, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the Electronic Communications Privacy Act (18 U.S.C. §§ 2510–2523).

4. Account Registration and Security

To access certain features of our Services, you may be required to create an account. When registering, you agree to provide truthful and accurate information. You are solely responsible for safeguarding your login credentials, including your username and password. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account.

Marcos will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account information. We reserve the right to terminate or suspend accounts at our sole discretion if we believe these Terms have been violated or if we suspect fraudulent activity.

5. Intellectual Property Rights

All content published and made available on our Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the compilation of all content (collectively, the "Content"), is the exclusive property of Marcos or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our trademarks, trade names, service marks, and logos used and displayed on the Website are registered and unregistered marks of Marcos. Nothing in these Terms should be construed as granting any license or right to use any trademark or service mark displayed on the Website without our express written permission.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with placing food orders or otherwise using our Services as intended. This license does not include:

• Any resale or commercial use of the Website or its Content
• Any collection or use of product listings, descriptions, or prices for competitive purposes
• Any derivative use of the Website or its Content
• Any downloading or copying of account information for the benefit of another party
• Any use of data mining, robots, or similar data gathering tools

Any unauthorized use of our intellectual property will immediately terminate the license granted to you and may violate applicable laws, including copyright laws (17 U.S.C. § 101 et seq.), trademark laws (15 U.S.C. § 1051 et seq.), and other applicable statutes and common law rights.

6. Ordering and Payment Terms

6.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected items subject to these Terms. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our discretion, including orders that appear to be placed by dealers, resellers, or distributors, or orders placed with fraudulent intent.

Once your order has been confirmed, you will receive an order confirmation via email. This confirmation does not guarantee that the order will be fulfilled; it is merely an acknowledgment that we have received your order. A binding contract is only formed when we have processed your payment and confirmed the order is being prepared.

6.2 Pricing

All prices listed on our Website are in United States Dollars (USD) and are subject to change without notice. We make every effort to ensure that all prices are accurately displayed; however, errors may occur. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price. We will notify you promptly if such a situation arises and provide you with the option to reorder at the correct price or receive a full refund.

Applicable sales taxes will be added to your order total as required by federal, state, and local laws. Tax rates may vary depending on your location and the nature of the items ordered.

6.3 Payment Methods

We accept various payment methods as indicated on our Website at the time of checkout. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that all information you provide is accurate and complete. You authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees.

Marcos uses industry-standard encryption and security measures to protect your payment information. However, we cannot guarantee the absolute security of any information transmitted over the internet.

6.4 Cancellations and Refunds

Due to the nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you wish to cancel an order, please contact us immediately at [email protected]. Cancellations may not be possible after a certain point in the preparation process. Refunds, if applicable, will be processed in accordance with our Refund Policy, which is available on our Website.

7. Delivery and Pickup

Delivery availability, areas, times, and fees are subject to change and are determined at the time of ordering. We do not guarantee specific delivery times. Marcos is not responsible for delays caused by circumstances beyond our control, including but not limited to traffic conditions, weather events, or third-party delivery service disruptions.

For pickup orders, you agree to collect your order within the specified time frame. Marcos is not responsible for food quality if you arrive significantly later than the designated pickup time. You assume all risk associated with the transportation and consumption of food products after they leave our premises or are delivered to you.

8. Food Safety and Allergen Disclaimer

Marcos takes food safety seriously and complies with all applicable federal and state food safety regulations, including regulations enforced by the U.S. Food and Drug Administration (FDA) and applicable state and local health departments. However, we cannot guarantee that our facilities are entirely free from allergens, including but not limited to nuts, dairy, gluten, soy, shellfish, and eggs.

If you have food allergies, dietary restrictions, or specific nutritional requirements, we strongly encourage you to contact us directly before placing an order. Marcos shall not be held liable for any adverse reactions or health consequences resulting from the consumption of our food products by individuals who fail to disclose relevant dietary restrictions or allergies prior to ordering.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Marcos, its officers, directors, employees, agents, affiliates, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with:

• Your use of or inability to use the Services or Website
• Any errors, mistakes, or inaccuracies of content on the Website
• Any unauthorized access to or use of our servers or any personal information stored therein
• Any interruption or cessation of transmission to or from our Website
• Any bugs, viruses, or other harmful code that may be transmitted through the Website by any third party
• Any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the Website
• Any delay or failure in performance resulting from causes beyond our reasonable control

In no event shall Marcos's total liability to you for all damages, losses, and causes of action exceed the greater of: (a) the amount paid by you to Marcos in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100.00 USD).

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 may not apply to you to the extent prohibited by applicable law.

10. Disclaimers

10.1 As-Is Basis

THE WEBSITE AND 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 PERMISSIBLE PURSUANT TO APPLICABLE LAW, MARCOS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Marcos does not warrant that the Website will be uninterrupted, timely, secure, or error-free; that defects will be corrected; or that the Website or the servers that make it available are free of viruses or other harmful components.

10.2 Third-Party Content and Links

Our Website may contain links to third-party websites or services that are not owned or controlled by Marcos. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party sites that you visit.

10.3 Nutritional Information

Nutritional information, calorie counts, and ingredient details provided on our Website are approximations and are provided for general informational purposes only. Actual nutritional content may vary based on preparation methods, ingredient variations, and portion sizes. This information is not intended to constitute medical or dietary advice.

11. Indemnification

You agree to defend, indemnify, and hold harmless Marcos and its officers, directors, employees, contractors, agents, licensors, service providers, 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 authorized by these Terms
• Your violation of any applicable law, rule, or regulation
• Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or publicity rights
• Any content or information you submit, post, or transmit through the Website
• Any misrepresentation made by you in connection with your use of the Services

Marcos reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of Marcos.

12. 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 laws of the state in which Marcos operates, without regard to its conflict of law principles.

You agree that any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the federal or state courts located within the United States, and you hereby irrevocably consent to the personal jurisdiction and venue therein. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Our Services comply with all applicable United States federal laws and regulations, including but not limited to:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices
• The CAN-SPAM Act of 2003 (15 U.S.C. § 7701 et seq.) governing commercial email communications
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030) governing computer fraud
• The Children's Online Privacy Protection Act (COPPA) (15 U.S.C. § 6501 et seq.)
• Applicable state consumer protection laws and food safety regulations
• The California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA), where applicable to California residents

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact Marcos and attempt to resolve the dispute informally. Please send a written description of your dispute to [email protected]. We will attempt to resolve the dispute informally within thirty (30) days of receipt of your written notice.

13.2 Binding Arbitration

If we are unable to resolve the dispute informally within the thirty (30) day period, both parties agree that any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be submitted to and finally resolved by binding arbitration under the rules of the American Arbitration Association (AAA), applying the AAA Consumer Arbitration Rules. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding upon both parties.

The arbitration shall take place in the United States, in a location mutually agreed upon by the parties. If the parties cannot agree on a location, the arbitration shall be conducted via telephone or videoconference. The costs of arbitration shall be shared equally by the parties, except where applicable law requires otherwise.

13.3 Class Action Waiver

YOU AND MARCOS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND MARCOS EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

13.4 Time Limitation on Claims

To the extent permitted by applicable law, any claim arising out of or related to these Terms must be filed within one (1) year after such claim arose; otherwise, the claim shall be permanently barred.

14. Term and Termination

These Terms are effective as of the date you first access the Website or use our Services and shall remain in full force and effect unless and until terminated in accordance with the provisions of this section.

You may terminate your account and cease using our Services at any time by contacting us at [email protected]. Upon termination, your right to use the Services will immediately cease, and any outstanding obligations, including payment for orders already placed, shall remain due and payable.

Marcos reserves the right, in its sole and absolute discretion, to terminate or suspend your access to all or any part of the Services, with or without notice, for any reason, including but not limited to:

• Breach of these Terms or any other applicable policy
• Suspected fraudulent, abusive, or illegal activity
• Failure to make timely payment for orders
• Requests by law enforcement or government agencies
• Discontinuation or material modification of the Services
• Unexpected technical or security issues

Upon termination, all licenses and rights granted to you under these Terms will immediately terminate. Sections of these Terms that by their nature should survive termination (including, without limitation, intellectual property provisions, disclaimers, indemnification, and limitations of liability) shall survive any termination.

15. Changes to Terms of Service

Marcos reserves the right, at its sole discretion, to modify, update, or replace any part of these Terms of Service at any time. We will notify users of material changes by posting the updated Terms on our Website and updating the "Last Updated" date at the top of this page. In some cases, we may provide additional notice such as an email notification or a prominent notice on our Website.

Your continued use of or access to the Website or Services following the posting of any changes to these Terms constitutes your acceptance of those changes. If you do not agree to the modified Terms, you must discontinue your use of our Services immediately.

We encourage you to periodically review this page to stay informed of any updates. Marcos will not be liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the Services.

16. 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 results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, fires, floods, earthquakes, labor disputes, strikes, civil disturbances, government actions, embargoes, supply chain disruptions, internet or telecommunications failures, or any other cause beyond our reasonable control (collectively, "Force Majeure Events").

In the event of a Force Majeure Event, we will notify you as soon as reasonably practicable and will use commercially reasonable efforts to resume performance as soon as possible.

17. Privacy Policy

Your use of our Services 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 when you use our Services. 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, 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.

18. Children's Privacy

Our Services are not directed to individuals under the age of thirteen (13). We do not knowingly collect personal information from children under 13 years of age. If we become aware that we have inadvertently collected personal information from a child under 13, we will take steps to delete such information promptly. If you believe we may have any information from or about a child under 13, please contact us at [email protected].

19. Electronic Communications

By using our Services and providing your email address, you consent to receive electronic communications from Marcos, including order confirmations, account notifications, and promotional materials where you have opted in. 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.

You may opt out of promotional communications at any time by following the unsubscribe instructions provided in our emails or by contacting us directly at [email protected]. Please note that even if you opt out of promotional emails, we may still send you transactional communications related to your account or orders.

20. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published by us on the Website, shall constitute the entire agreement between you and Marcos concerning the Services and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between you and Marcos relating to the subject matter hereof.

21. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms or invalidate or render unenforceable such provision in any other jurisdiction. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of these Terms.

22. Waiver

No waiver by Marcos of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Marcos to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

23. Assignment

You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without the prior written consent of Marcos. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Marcos may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

24. Headings

The headings and titles used in these Terms are provided for convenience only and shall not affect the construction or interpretation of these Terms. These Terms shall be construed without regard to any presumption or rule requiring construction against the party causing these Terms to be drafted.

25. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, please do not hesitate to contact us. Our team is available to assist you and will respond to your inquiry as promptly as possible.

© 2026 Marcos. All rights reserved. These Terms of Service were last updated on June 24, 2026.