Terms of Service

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

1. Acceptance of Terms

By accessing, browsing, or otherwise using the marcos-pizza.click website, placing an order, or engaging with any of our services — whether online, by phone, or in person — you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.

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

You must be at least 13 years of age to use our Website. If you are under 18 years of age, you may only use our services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. We do not knowingly collect personal information from children under 13 without verifiable parental consent in accordance with the Children's Online Privacy Protection Act (COPPA).

We reserve the right to modify these Terms of Service at any time. Continued use of the Website or services following any posted modifications constitutes your acceptance of the revised Terms.

2. Description of Services

Marcos is a food service business operating in the United States. Through our Website and associated channels, we offer the following services:

• Online Food Ordering: Customers may browse our menu and place orders for delivery or pick-up directly through the Website.
• Menu Information: We provide detailed information about our food products, ingredients, pricing, and availability.
• Promotions and Special Offers: From time to time, we may offer coupons, discounts, loyalty programs, or limited-time promotional deals.
• Customer Support: We provide customer support through email and other communication channels to assist with orders, complaints, and inquiries.
• Catering and Group Orders: We may offer catering services or the ability to place bulk orders for events, subject to availability and separate terms where applicable.
• Account Management: Users may optionally create an account to track orders, save preferences, and receive personalized offers.

All services are subject to availability. We reserve the right to discontinue, modify, or restrict any service at any time without prior notice. Marcos does not guarantee that the Website will be available at all times or that services will be error-free.

Our food products are prepared in a commercial kitchen environment that may handle allergens including but not limited to gluten, dairy, nuts, soy, eggs, shellfish, and other common allergens. It is the customer's responsibility to review allergen information and notify us of any dietary restrictions prior to placing an order. We are not liable for any adverse reactions resulting from failure to disclose known allergies or dietary restrictions.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the security of your account credentials and notify us immediately at [email protected] if you suspect unauthorized access to your account.
• Use the Website and services only for lawful purposes and in accordance with these Terms of Service.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our services.
• Pay all applicable charges, taxes, and fees associated with your orders in a timely manner.
• Ensure that the delivery address and contact information you provide are accurate and accessible at the time of delivery.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Using the Website or services for any unlawful, fraudulent, or deceptive purpose.
• Attempting to gain unauthorized access to any portion of the Website, other user accounts, or related systems or networks.
• Transmitting any viruses, malware, or other harmful computer code through or in connection with the Website.
• Scraping, crawling, or harvesting any content from the Website without prior written permission.
• Using automated scripts, bots, or other automated means to interact with the Website or place orders.
• Circumventing or attempting to circumvent any security features of the Website.
• Submitting false, misleading, or defamatory reviews or comments about our business, products, or employees.
• Impersonating any person or entity, including Marcos employees, or misrepresenting your affiliation with any person or entity.
• Engaging in any activity that interferes with or disrupts the proper operation of the Website or services.
• Using our Website or services to transmit unsolicited commercial communications or spam.
• Attempting to resell, redistribute, or commercially exploit our products or services without our express written permission.
• Placing fraudulent orders or submitting fraudulent payment information.
• Engaging in chargebacks or payment reversals without legitimate cause or without first contacting us to resolve the issue.

Violation of any of these prohibitions may result in immediate termination of your account, cancellation of pending orders, and may subject you to civil and/or criminal liability under applicable law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and other federal and state statutes.

4. Intellectual Property Rights

All content, materials, and elements available on the marcos-pizza.click website, including but not limited to text, graphics, logos, images, icons, photographs, audio clips, digital downloads, data compilations, software, and the overall "look and feel" of the Website (collectively, "Content"), are the exclusive property of Marcos or its licensors and are protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and trademark law.

The Marcos name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of Marcos or its affiliates. You may not use such marks without the prior written permission of Marcos. All other names, logos, product and service names, designs, and slogans used 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 your personal, non-commercial use in connection with ordering food products and using our services. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works of any Content;
• Use any Content for commercial purposes without our express written consent;
• Remove any copyright, trademark, or other proprietary notices from the Content;
• Frame or link to the Website in any manner that is misleading or that suggests any association with Marcos without our consent.

Any unauthorized use of our intellectual property is strictly prohibited and may result in civil and/or criminal penalties under applicable law.

5. Payment Terms

5.1 Pricing and Payment Methods

All prices listed on our Website are in United States Dollars (USD) and are subject to applicable state and local sales taxes. Prices are subject to change without prior notice. The price you see at the time of checkout will be the final price charged for your order, subject to any applicable promotions or discounts applied at that time.

We accept major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as indicated at checkout. All payment transactions are processed through secure, third-party payment processors that comply with Payment Card Industry Data Security Standards (PCI-DSS). We do not store full credit card numbers on our servers.

5.2 Order Confirmation and Charges

When you place an order through our Website, you authorize us to charge the full amount of your order, including any applicable taxes, delivery fees, and service charges, to your selected payment method. You will receive an order confirmation via email once your order has been successfully placed and payment has been processed.

5.3 Delivery Fees and Minimum Orders

Delivery fees and minimum order requirements may apply depending on your location, the time of your order, and applicable promotions. These fees and requirements will be clearly disclosed at the time of checkout before you complete your purchase.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you need to cancel or modify an order, you must contact us immediately at [email protected] or by phone. Refunds or credits may be issued at our sole discretion in cases where:

• An order was not delivered within a reasonable timeframe through no fault of the customer;
• A food item was significantly incorrect, missing, or of unacceptable quality;
• A billing error occurred.

Refunds, when approved, will be processed to the original payment method within 5–10 business days, depending on your financial institution.

5.5 Promotional Offers and Coupons

Promotional codes, coupons, and discounts are subject to specific terms and expiration dates. Only one promotional code may be applied per order unless otherwise stated. Promotions may not be combined with other offers and are not redeemable for cash. Marcos reserves the right to modify, suspend, or terminate any promotional offer at any time without prior notice.

6. Disclaimers

6.1 "As-Is" Basis

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS 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, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Warranty of Accuracy

While we strive to keep menu information, pricing, nutritional content, and allergen information accurate and up to date, we do not warrant that any information on the Website is complete, accurate, reliable, current, or error-free. Menu items, ingredients, and allergens may change without notice. Customers with severe food allergies are encouraged to contact us directly before placing an order.

6.3 Third-Party Services

Our Website may contain links to third-party websites, services, or applications. We are not responsible for the content, privacy practices, or terms of service of any third-party sites. The inclusion of any link does not imply endorsement by Marcos. You access third-party sites at your own risk.

6.4 No Guarantee of Uninterrupted Service

We do not warrant that the Website will be available at all times, that access will be uninterrupted, that the Website will be free from viruses or other harmful components, or that defects will be corrected. We reserve the right to suspend or discontinue the Website or any portion thereof at any time without notice.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL MARCOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF MARCOS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO MARCOS FOR THE SPECIFIC ORDER OR SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

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

8. Indemnification

You agree to indemnify, defend, and hold harmless Marcos and its officers, directors, employees, agents, affiliates, licensors, service providers, and successors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from:

• Your use or misuse of the Website or services;
• Your violation of these Terms of Service;
• Your violation of any applicable law, rule, or regulation;
• Your violation of any rights of any third party, including intellectual property rights, privacy rights, or rights of publicity;
• Any content or information you submit, post, or transmit through the Website;
• Any dispute between you and any third party in connection with your use of our services;
• Your failure to provide accurate information when placing an order or creating an account.

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

9. Governing Law and Jurisdiction

These Terms of Service and any dispute arising out of or relating to these Terms, the Website, or our services shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Marcos is registered and operating, without regard to any conflict of law principles that would require or permit the application of the laws of another jurisdiction.

To the extent that any dispute is not subject to the arbitration provisions set forth in Section 10 below, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located within the applicable United States jurisdiction where Marcos is principally located, and you waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

These Terms of Service comply with applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), and applicable state consumer protection statutes. Customers who are residents of California are also entitled to protections under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), which are addressed in our Privacy Policy.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute informally by contacting us at [email protected] and providing a written description of the dispute, your desired resolution, and your contact information. We will attempt to respond within thirty (30) days of receiving your notice. Many disputes can be resolved informally, and we encourage this approach.

10.2 Binding Arbitration

If an informal resolution cannot be reached within sixty (60) days of your initial notice, you and Marcos agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Website or services (collectively, "Disputes"), shall be resolved by binding arbitration, except that either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in English and, where applicable, may be conducted remotely via telephone or video conference. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof.

The costs of arbitration, including administrative fees, shall be allocated in accordance with the AAA Consumer Arbitration Rules. Each party shall bear its own attorneys' fees and costs unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose.

10.3 Class Action Waiver

YOU AND MARCOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Further, unless both you and Marcos agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or to preserve the status quo pending arbitration.

11. Term and Termination

11.1 Term

These Terms of Service are effective as of May 13, 2026, and shall remain in full force and effect for as long as you access or use the Website or services, unless earlier terminated in accordance with these Terms.

11.2 Termination by You

You may terminate your use of the Website and services at any time by discontinuing your use of the Website. If you have created an account, you may request account deletion by contacting us at [email protected]. Termination of your account will not relieve you of any obligations arising prior to termination, including payment for orders already placed.

11.3 Termination by Marcos

We reserve the right, at our sole discretion, to suspend or terminate your access to the Website and services, with or without notice, for any reason, including but not limited to:

• Violation of any provision of these Terms of Service;
• Fraudulent or deceptive conduct;
• Non-payment of amounts owed;
• Activity that we determine, in our sole judgment, is harmful to other users, third parties, or our business;
• Requests by law enforcement or other governmental authorities;
• Unexpected technical or security issues.

11.4 Effect of Termination

Upon termination, your right to access and use the Website and services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4 (Intellectual Property), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 9 (Governing Law), 10 (Dispute Resolution), and 14 (Severability).

12. Changes to Terms of Service

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

Your continued use of the Website or services after any modification to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Website and services. We encourage you to review these Terms periodically to stay informed about any updates.

Changes to these Terms do not apply retroactively to disputes that arose prior to the effective date of the modified Terms, unless otherwise required by applicable law.

13. Additional Legal Provisions

13.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Marcos on the Website, constitute the entire agreement between you and Marcos concerning the Website and services and supersede all prior and contemporaneous agreements, representations, and understandings between you and Marcos regarding the subject matter hereof.

13.2 Waiver

No waiver by Marcos of any term or condition set out 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. Any failure by Marcos to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13.3 Force Majeure

Marcos shall not be liable for any delay or failure to perform its obligations under these Terms resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic conditions, strikes, labor disputes, war, terrorism, government actions, supply chain disruptions, power outages, or internet service failures.

13.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Marcos may freely assign its rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets, or operation of law, without restriction and without notice to you.

13.5 No Third-Party Beneficiaries

These Terms of Service are for the sole benefit of the parties hereto and their respective permitted successors and assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

14. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unlawful, void, or unenforceable for any reason, that provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, that provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect or impair the validity, legality, and enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

In the event that the class action waiver provision set forth in Section 10.3 is found to be unenforceable in connection with any particular claim or proceeding, then the agreement to arbitrate shall not apply to that claim or proceeding, and such claim or proceeding shall be resolved in a court of competent jurisdiction. All other claims or proceedings shall remain subject to the arbitration agreement.

15. Accessibility

Marcos is committed to ensuring that our Website is accessible to users with disabilities, consistent with the Americans with Disabilities Act (ADA) and applicable web accessibility standards. If you experience any difficulty accessing any portion of our Website or services due to a disability, please contact us at [email protected] so that we may provide the information or services you need through alternative means.

16. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to contact us for any reason related to our services, please reach out to us using the information below:

We strive to respond to all inquiries within two (2) to five (5) business days. For urgent matters related to food safety, allergic reactions, or order emergencies, please contact us immediately via the appropriate channel listed above.

By using our Website or services, you confirm that you have read, understood, and agree to be bound by these Terms of Service as of May 13, 2026. These Terms of Service were last reviewed and updated on May 13, 2026.