Terms of Service

Please read these Terms of Service carefully before using the website foodmarcos.rest or any services offered by Marcos. By accessing or using our website and services, you agree to be legally 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

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Marcos ("Company," "we," "us," or "our"), the operator of the website located at foodmarcos.rest (the "Website") and all associated food-related services offered through it.

By visiting, browsing, or otherwise using our Website, placing an order, registering for an account, or engaging with any content or service provided through this platform, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or if you are a minor, you have received parental or legal guardian consent;
• You have the legal capacity to enter into a binding contract under the laws of the United States;
• You are not prohibited by applicable law from using our Website or services.

Your continued use of our Website following any updates to these Terms shall constitute your acceptance of those changes. If you do not agree with any part of these Terms, you must immediately cease use of our Website and services.

2. Description of Services

Marcos is a food-related business that provides customers with access to food products, menu offerings, ordering capabilities, and related services through our Website at foodmarcos.rest. Our services may include, but are not limited to:

• Online Ordering: The ability to place orders for food items through our digital platform, including options for pickup, delivery, or dine-in reservations where available;
• Menu Browsing: Access to our current food and beverage menus, including descriptions, pricing, nutritional information (where provided), and promotional offerings;
• Account Management: Registration and management of a personal user account for faster ordering, order history tracking, and personalized preferences;
• Promotions and Loyalty Programs: Participation in any promotional campaigns, discount programs, or loyalty rewards programs that Marcos may offer from time to time;
• Customer Support: Access to our customer support team for inquiries, feedback, complaints, and assistance related to orders or services;
• Catering and Special Orders: Requests for catering services, large group orders, or customized food offerings as may be available;
• Informational Content: Access to blog posts, recipes, announcements, and other food-related content published on our Website.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. Marcos shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Certain services may require account registration or payment. Availability of specific services may vary based on your geographic location, time of day, or other operational factors.

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 and promptly update your account information to keep it accurate and complete;
• Keep your account credentials, including your password, confidential and secure;
• Promptly notify us of any unauthorized use of your account or any security breach;
• Use our Website and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations when using our services;
• Be responsible for all activities that occur under your account;
• Pay for all orders and services obtained through our Website in a timely manner.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use our Website or services for any unlawful, harmful, or fraudulent purpose;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website;
• Attempt to gain unauthorized access to any portion of our Website, systems, or networks;
• Use automated means, including bots, scrapers, or data-mining tools, to access, monitor, or copy content from our Website without our prior written consent;
• Transmit any viruses, malware, or other harmful computer code or programs;
• Engage in any activity that could damage, disable, overburden, or impair our Website or interfere with other users' access;
• Place fraudulent or fictitious orders, including false personal information or fraudulent payment methods;
• Harass, threaten, or otherwise harm our employees, staff, contractors, or other customers;
• Post, transmit, or share any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable;
• Use our Website to send unsolicited commercial communications (spam);
• Violate or infringe upon the intellectual property rights of Marcos or any third party;
• Circumvent, disable, or otherwise interfere with any security-related features of the Website;
• Resell or commercially exploit any of our services or content without express written authorization;
• Collect or harvest personal information of other users without their express consent.

Violation of any of the above prohibitions may result in immediate termination of your account and access to our services, as well as potential legal action.

4. Account Registration

To access certain features of our Website, you may be required to create an account. When registering, you agree to provide truthful and accurate information and to maintain the confidentiality of your login credentials. You are solely responsible for all activities conducted through your account.

Marcos reserves the right to refuse registration, cancel accounts, or remove or edit content in our sole discretion, including in cases where we believe that a user has violated these Terms or applicable laws. You may not create accounts using automated means or under false pretenses.

If you suspect that your account has been compromised or used without your authorization, you must contact us immediately at [email protected]. Marcos will not be liable for any losses caused by unauthorized use of your account.

5. Payment Terms

5.1 Pricing and Fees

All prices listed on our Website are in United States Dollars (USD) and are subject to change without prior notice. Applicable taxes, delivery fees, service charges, and any other applicable fees will be disclosed at checkout before you confirm your order.

5.2 Payment Methods

We accept payment through the methods displayed at checkout, which may include major credit cards, debit cards, and other electronic payment options. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method.

5.3 Order Confirmation and Charges

Your order is not confirmed until you receive a confirmation notification from us. We reserve the right to cancel or refuse any order for reasons including, but not limited to, product unavailability, errors in product or pricing information, or suspicion of fraudulent activity. In such cases, any payment collected will be refunded to the original payment method.

5.4 Refunds and Cancellations

Refund and cancellation policies are subject to specific terms applicable to the type of order or service. In general:

• Orders canceled before preparation has begun may be eligible for a full refund;
• Orders that have already entered preparation may not be eligible for cancellation or refund;
• If you receive an incorrect or defective order, please contact us within a reasonable time at [email protected] to request a remedy;
• Promotional pricing and discounts may have specific non-refundable conditions.

Marcos complies with applicable consumer protection regulations under federal and state law, including those enforced by the Federal Trade Commission (FTC) under the FTC Act.

5.5 Disputes Regarding Charges

If you believe a charge made to your account is incorrect, please contact us at [email protected] within 30 days of the charge. We will investigate and, if warranted, issue a credit or refund to your account.

6. Intellectual Property Rights

6.1 Ownership

All content, materials, and intellectual property available on or through the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, the Website's overall design and appearance, and all other content (collectively, "Content"), are the exclusive property of Marcos or its licensors and are protected by United States copyright, trademark, trade dress, patent, and other intellectual property laws.

6.2 Limited License to Users

Subject to your compliance with these Terms, Marcos grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Website and its Content solely for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works of any Content;
• Use any data mining, robots, or similar data gathering tools on the Website;
• Remove any proprietary notices or labels on the Content;
• Use any Content for any commercial purpose without our prior written consent.

6.3 Trademarks

The name "Marcos," our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Marcos or its affiliates or licensors. You may 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.

6.4 User-Submitted Content

If you submit any reviews, feedback, photos, comments, or other content to our Website (collectively, "User Content"), you grant Marcos a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not violate any third-party rights or applicable laws.

7. Food Allergen and Dietary Information Disclaimer

Marcos makes reasonable efforts to provide accurate information regarding ingredients, allergens, and nutritional content. However, we cannot guarantee that our food products are free from any specific allergen or that the information provided is complete or up to date at all times. Menu items and ingredients may change, and cross-contamination during preparation is possible.

If you have food allergies, intolerances, or specific dietary requirements, it is your responsibility to contact us directly at [email protected] before placing an order to confirm the suitability of any food item for your needs. Marcos shall not be liable for any adverse reactions or health consequences resulting from failure to disclose dietary restrictions or from reliance on information provided on the Website.

8. Disclaimer of Warranties

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

MARCOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES.

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

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARCOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE OR SERVICES;
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES RESULTING FROM THE CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE;
• ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES.

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, MARCOS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU PAID TO MARCOS IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

Some states do not allow limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless Marcos and its officers, directors, employees, agents, contractors, partners, successors, and assigns from and against any and all 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 or any applicable law or regulation;
• Your use or misuse of the Website or services;
• Your User Content or your submission, posting, or transmission of any content through the Website;
• Your violation of any rights of a third party, including intellectual property rights or privacy rights;
• Any actual or alleged fraud, misrepresentation, or unauthorized use of your account;
• Any claim arising from your order or purchase of food products through our Website.

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 these claims. You agree not to settle any such matter without our prior written consent.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Marcos. These links are provided for your convenience and informational purposes only. Marcos has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

We do not endorse or make any representations about third-party websites or the products or services they offer. We strongly encourage you to review the terms of service and privacy policies of any third-party websites or services that you visit. Your interactions with third-party websites and services are solely between you and such third parties.

Similarly, if our ordering or delivery services involve third-party delivery platforms or payment processors, those services are subject to their own terms and conditions, and Marcos shall not be liable for any acts, omissions, or failures of such third parties.

12. Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of your personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Website and services, you consent to our collection and use of your personal information as described in our Privacy Policy.

To the extent applicable, our practices comply with the California Consumer Privacy Act (CCPA) and its amendment, the California Privacy Rights Act (CPRA), as well as other applicable federal and state privacy laws. Please review our Privacy Policy available on our Website for more information.

13. 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 Marcos operates, without regard to its conflict of law principles.

Subject to the arbitration provision below, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the state or federal courts of competent jurisdiction located within the United States, and you hereby consent to the personal jurisdiction and venue of such courts. You waive any objection to such jurisdiction and venue, including any objection based on inconvenient forum.

These Terms shall be construed in accordance with the Federal Arbitration Act (FAA), applicable Federal law, and applicable consumer protection laws, including those enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 45 et seq.).

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Marcos at [email protected] and provide a written description of the dispute, your desired resolution, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receipt of your notice. This informal dispute resolution is a prerequisite to initiating arbitration or any other formal legal process.

14.2 Binding Arbitration

If the parties are unable to resolve the dispute through informal means, you agree that all disputes, claims, or controversies arising out of or relating to these Terms, the Website, or your use of our services shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, rather than in a court of law.

The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Except as expressly provided in these Terms, the arbitrator shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of these Terms, including the arbitrability of any dispute.

14.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MARCOS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. You expressly waive any right to bring or participate in a class, collective, or representative action.

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or other proprietary rights. Small claims court actions, if eligible, are also excluded from mandatory arbitration.

14.5 Time Limitation on Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. Term and Termination

15.1 Term

These Terms are effective from the moment you first access or use our Website and shall remain in effect until terminated in accordance with these Terms.

15.2 Termination by You

You may terminate your account and these Terms at any time by discontinuing your use of the Website and services and, if applicable, by deleting your account or submitting a written request to us at [email protected].

15.3 Termination by Marcos

Marcos reserves the right to suspend, restrict, or terminate your access to the Website and services, with or without notice, for any reason, including but not limited to:

• Your violation of any provision of these Terms;
• Your engaging in fraudulent, illegal, or harmful conduct;
• Requests from law enforcement or other government agencies;
• Extended periods of account inactivity;
• Technical or security issues or problems;
• Discontinuation or material modification of the Website or services;
• Failure to pay any amounts owed to Marcos.

15.4 Effect of Termination

Upon termination of your account or these Terms for any reason:

• All licenses and rights granted to you under these Terms shall immediately cease;
• You must immediately cease all use of the Website and services;
• Any outstanding payment obligations shall remain enforceable;
• All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitation of liability, indemnification, and dispute resolution provisions.

16. Changes to Terms

Marcos reserves the right to modify, update, or revise these Terms at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. We may also notify you of significant changes through email (if you have provided your email address), through a prominent notice on our Website, or through other appropriate communication channels.

It is your responsibility to review these Terms periodically for any changes. Your continued use of the Website or services after the posting of revised Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree to any revised Terms, you must immediately discontinue your use of the Website and services.

We will endeavor to provide at least fourteen (14) days' notice before material changes to these Terms become effective, except where changes are required by law or relate to new features or services, in which case they may take effect immediately.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.

The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the intent and economic effect of the original provision.

18. Waiver

No failure or delay by Marcos in exercising any right, power, or privilege under these Terms shall operate as a waiver of that right, power, or privilege. No single or partial exercise of any right, power, or privilege shall preclude any other or future exercise of that right, power, or privilege. Any waiver must be in writing and signed by an authorized representative of Marcos to be effective.

19. 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 your use of the Website and services and supersede all prior and contemporaneous agreements, representations, warranties, and understandings with respect to the Website, services, and the subject matter of these Terms.

No representation, statement, or inducement, whether oral or written, not contained in these Terms shall bind any party to this Agreement.

20. Force Majeure

Marcos shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that are caused by events outside our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, government actions or restrictions, war, terrorism, labor disputes, power outages, internet or telecommunications failures, or any other event beyond our reasonable control (each, a "Force Majeure Event").

In the event of a Force Majeure Event, our obligations will be suspended for the duration of such event. We will use reasonable efforts to minimize the impact of any Force Majeure Event on our services.

21. Electronic Communications

By using our Website and services, you consent to receiving communications from us electronically, including via email, push notifications, or postings on our Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

You may opt out of promotional email communications at any time by following the unsubscribe instructions included in such emails. However, you may continue to receive transactional and operational communications related to your account and orders.

22. Accessibility

Marcos is committed to ensuring that our Website is accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards. If you experience any difficulty accessing our Website or services, please contact us at [email protected] so that we can assist you and work to improve our accessibility.

23. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you need to contact us for any reason, please reach out to us using the following contact information:

We will make every effort to respond to your inquiries in a timely manner. For urgent matters related to food safety or health concerns, please contact your local emergency services or health department in addition to reaching out to us.