Terms of Service

Effective Date: June 3, 2026  |  Last Updated: June 3, 2026

1. Acceptance of Terms

Welcome to Marcos ("Company," "we," "us," or "our"). These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," or "you") and Marcos, governing your access to and use of the website located at pizzamarcos.click (the "Website") and all associated services, features, content, and functionality offered through our platform (collectively, the "Services").

By accessing, browsing, or using our Website or Services in any manner — including placing an order, creating an account, subscribing to communications, or simply visiting the Website — you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications. Your continued use of the Website after any changes to these Terms constitutes your acceptance of the revised Terms.

These Terms apply to all visitors, users, and others who access or use our Services. 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 a 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 must have your parent or legal guardian's permission to use our Services. By using our Services, you represent and warrant that you meet all applicable age requirements.

2. Description of Services

Marcos operates as a food service business offering customers the ability to browse our menu, place online orders for food and beverages, and access related services through our Website at pizzamarcos.click. Our Services include, but are not limited to:

• Online Ordering: The ability to browse our food menu and place orders for pickup, delivery, or dine-in as available at your location.
• Menu Information: Detailed descriptions, ingredients, pricing, and nutritional information for our food and beverage offerings.
• Account Management: The ability to create and manage a personal account, save your preferences, track orders, and review your order history.
• Promotions and Offers: Access to special deals, discount codes, loyalty rewards, and promotional offers available to our customers.
• Customer Support: Communication channels to address questions, concerns, and feedback related to our food and services.
• Notifications and Updates: Email, SMS, or push notifications related to your orders, promotions, and service updates, subject to your communication preferences.

We reserve the right to modify, suspend, expand, 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 the Services or any part thereof.

Our food products are subject to availability and may vary by location. Menu items, pricing, and availability are subject to change without prior notice. We make every reasonable effort to ensure that the information displayed on our Website is accurate and current, but we do not warrant that product descriptions, prices, or other content on the Website is accurate, complete, or current.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the security and confidentiality of your account credentials, including your password.
• Promptly notify us of any unauthorized use of your account or any other security breach at [email protected].
• Use our Services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable local, state, federal, and international laws and regulations in connection with your use of our Services.
• Be responsible for all activity that occurs under your account, whether or not you authorized such activity.
• Maintain a valid payment method on file and ensure sufficient funds or credit are available to complete your orders.
• Accept and be present to receive delivery orders at the address you provide, or arrange for someone to do so on your behalf.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities when using our Website or Services:

• Using the Website for any unlawful purpose or in violation of any applicable laws or regulations.
• Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means.
• Using automated scripts, bots, crawlers, scrapers, or other automated tools to access, scrape, or extract data from the Website without our express written permission.
• Transmitting any viruses, malware, worms, Trojan horses, or other harmful or destructive code through the Website.
• Interfering with or disrupting the integrity or performance of the Website or the data contained therein.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.
• Collecting or harvesting any personally identifiable information from the Website without authorization.
• Using our Services to transmit unsolicited commercial communications (spam) or engage in any form of harassment.
• Placing fraudulent orders, providing false payment information, or engaging in any fraudulent activity.
• Attempting to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software used in connection with the Website.
• Posting, uploading, or transmitting any content that is defamatory, obscene, offensive, or otherwise objectionable.
• Engaging in any activity that could damage, disable, overburden, or impair our servers or networks.
• Using our brand, trademarks, or intellectual property without our prior written consent.
• Reselling or commercially exploiting any of our Services without our express written authorization.

We reserve the right, in our sole discretion, to terminate or suspend your access to the Services immediately, without prior notice or liability, if you engage in any prohibited activities or violate any provision of these Terms.

4. Intellectual Property Rights

The Website and its entire contents, features, and functionality — including but not limited to all text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the compilation thereof — are the exclusive property of Marcos or its licensors and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial use in connection with ordering food and using our Services. This license does not include:

• The right to sell, resell, or commercially exploit any content from our Website.
• The right to collect and use any product listings, descriptions, or prices for commercial purposes.
• The right to reproduce, duplicate, copy, or otherwise exploit any portion of the Website for any commercial purpose without our express written consent.
• Any resale or commercial use of the Website or its contents.
• Any derivative use of the Website or its contents.

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 our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

If you believe that any content on the Website infringes your copyright, please contact us at [email protected] with a detailed description of the alleged infringement. We will respond to legitimate notices in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales tax unless expressly stated. Sales tax will be calculated and applied at checkout based on the applicable tax rates for your location.

We reserve the right to modify pricing at any time. Price changes will not affect orders that have already been confirmed, except in cases of obvious pricing errors, in which case we reserve the right to cancel the affected order and notify you accordingly.

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 methods. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method you provide.
• The payment information you provide is accurate and complete.
• You authorize us to charge the payment method for all amounts due in connection with your orders.

5.3 Order Confirmation and Cancellations

An order is not confirmed until you receive an electronic confirmation from us. We reserve the right to refuse or cancel any order for any reason, including but not limited to: product unavailability, errors in product or pricing information, or suspected fraudulent activity. If your order is cancelled after your payment has been processed, we will issue a full refund to your original payment method.

5.4 Refunds and Returns

Due to the perishable nature of food products, all sales are generally final. However, if you receive an incorrect order or a product that does not meet our quality standards, please contact us at [email protected] within a reasonable time of receiving your order. We will evaluate each situation on a case-by-case basis and may offer a replacement, store credit, or refund at our sole discretion.

Refunds, if approved, will be processed to your original payment method within 5-10 business days, depending on your payment provider's policies.

6. Disclaimers and "As-Is" Basis

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. 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 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, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE.
• WARRANTIES THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.
• WARRANTIES THAT THE WEBSITE OR SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We do not warrant that the food products described on our Website will meet your specific dietary requirements or preferences. Nutritional information provided on our Website is approximate and may vary. If you have specific dietary needs, allergies, or health conditions, we strongly encourage you to contact us directly at [email protected] before placing an order.

We make no warranty that our Services will be available at any particular time or location. The Website may experience downtime for maintenance, updates, or technical issues. We disclaim all liability for any inconvenience caused by such unavailability.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you. In such cases, our warranties are limited to the minimum warranty required by applicable law.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARCOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities.
• Loss of data or information.
• Loss of goodwill or reputation.
• Personal injury or property damage.
• Damages resulting from unauthorized access to or alteration of your transmissions or data.
• Damages resulting from any third-party conduct on the Website.
• Any other damages arising out of or related to your use of the Services.

THESE LIMITATIONS APPLY WHETHER SUCH LIABILITY ARISES UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MARCOS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO MARCOS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some states, including New Jersey and other jurisdictions, do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. In those states, our liability is limited to the greatest extent permitted by law.

Nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Marcos and its respective officers, directors, employees, agents, licensors, service providers, subcontractors, 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 related to:

• Your use of or access to the Website or Services.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any third-party rights, including intellectual property rights or privacy rights.
• Any content you submit, post, transmit, or otherwise make available through the Website.
• Your negligence, willful misconduct, or fraud.
• Any misrepresentation made by you.
• Your use of any information obtained through the Website.

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 event you agree to cooperate with our defense of such claim. You agree not to settle any matter subject to your indemnification obligations without our prior written consent.

9. Food Safety and Allergen Notice

Marcos takes food safety seriously and strives to comply with all applicable federal, state, and local food safety regulations, including those established by the United States Food and Drug Administration (FDA) and applicable state health departments. However, please be aware of the following important notices:

By using our Services and placing an order, you acknowledge and accept responsibility for reviewing the menu descriptions and allergen information provided. Marcos shall not be liable for any adverse reactions resulting from undisclosed dietary restrictions or allergies.

10. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications that are not owned or controlled by Marcos. These links are provided for your convenience and informational purposes only. We have no control over 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 any information, products, or services found there. Your access to and use of any third-party websites is at your own risk and subject to the terms and conditions of those websites.

We strongly encourage you to review the privacy policies and terms of service of any third-party websites you visit. We 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 your use of any third-party website, service, or content.

11. 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, and share information about you 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.

We comply with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act (FTC Act) with respect to unfair or deceptive acts or practices in connection with our privacy practices.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to these Terms, 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 of America and the applicable laws of the state in which Marcos is incorporated and operates, without regard to any conflict of law principles that would require the application of the laws of any other jurisdiction.

For matters not subject to arbitration as set forth below, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the applicable United States jurisdiction, and you waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

Marcos's operations and Services are intended for use by persons located in the United States. We make no representation that the Website or Services are appropriate or available for use outside the United States. If you access the Website or Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms are subject to all applicable federal laws of the United States, including but not limited to the Federal Trade Commission Act, the CAN-SPAM Act, the Computer Fraud and Abuse Act, and the Electronic Communications Privacy Act.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Marcos at [email protected] and provide us with a written description of your dispute, the relief you seek, and your contact information. We will attempt to resolve your dispute informally within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally within that period, either party may proceed to the formal dispute resolution processes described below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND PROVIDES FOR RESOLUTION OF DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Except for disputes that qualify for small claims court, all disputes, claims, or controversies arising out of or relating to these Terms, the breach thereof, or your use of our Services ("Disputes") shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time of the dispute, or as otherwise mutually agreed upon.

The arbitration shall be conducted in the English language. The arbitrator shall have the authority to grant any remedy or relief that would be available in a court of competent jurisdiction. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The costs of arbitration, including the arbitrator's fees, shall be allocated as provided in the AAA Consumer Arbitration Rules. Each party shall bear its own attorneys' fees and costs unless the arbitrator determines that the claim was frivolous or brought in bad faith, in which case the arbitrator may award attorneys' fees and costs to the prevailing party.

13.3 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 ACTION. Unless both you and Marcos agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

If this class action waiver is found to be unenforceable in any case, then the entirety of the arbitration agreement set forth in this Section shall be null and void as to that case, and the dispute shall proceed in court as provided in the Governing Law section above.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, nothing in these Terms shall be deemed to waive, preclude, or otherwise limit either party's right to: (a) bring an individual action in a small claims court for disputes within the jurisdictional limits of such court; (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or (c) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available.

14. Term and Termination

These Terms are effective as of the date you first access or use our Website or Services and shall remain in full force and effect while you continue to use our Services, unless terminated earlier in accordance with these Terms.

We reserve the right, in our sole discretion and without notice or liability, to:

• Terminate or suspend your access to all or any part of our Services for any reason, including but not limited to a breach of these Terms.
• Cancel or refuse any order or transaction.
• Terminate your account and remove any content associated with it.
• Discontinue offering the Services or any portion thereof.

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

Upon termination, your right to use the Services will immediately cease. The following provisions of these Terms shall survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and any other provisions that by their nature should survive termination.

We shall not be liable to you or any third party for any termination of your access to the Services.

15. Changes to These Terms

We reserve the right to modify, amend, or update these Terms at any time and for any reason, at our sole discretion. Changes to these Terms will be effective immediately upon posting the revised Terms on the Website, unless a later effective date is specified.

We will make reasonable efforts to notify you of material changes to these Terms, which may include:

• Posting a prominent notice on our Website homepage.
• Sending an email notification to the email address associated with your account.
• Displaying the "Last Updated" date at the top of these Terms.

Your continued use of our Website or Services following the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must stop using our Services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

We may also revise these Terms to comply with changes in applicable law, including new federal or state regulations, court decisions, or regulatory guidance. Such changes shall become effective as required by applicable law.

16. Severability

If any provision of these Terms is held to be invalid, illegal, unenforceable, or contrary to law by a court of competent jurisdiction or arbitrator, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the invalid or unenforceable provision shall be deemed severed from these Terms.

The invalidity, illegality, or unenforceability of any particular provision of these Terms shall not affect or impair the validity, legality, or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included in these Terms.

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. Any failure by Marcos to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements, policies, or guidelines incorporated by reference herein, constitute the entire agreement between you and Marcos with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, warranties, and communications, whether written or oral, between you and Marcos.

No oral or written information or advice given by Marcos or its authorized representatives shall create a warranty or alter the scope of these Terms. You acknowledge that you have not relied on any representation, warranty, or promise made by or on behalf of Marcos except as expressly set out in these Terms.

18. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any purported assignment in violation of this provision shall be null and void. We may freely assign, transfer, or delegate these Terms or any of our rights and obligations hereunder to any third party, including in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law, without your consent or prior notice to you.

19. Force Majeure

Marcos shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, wars, terrorism, labor strikes, supply chain disruptions, power outages, internet service disruptions, or any other event beyond our reasonable control (collectively, "Force Majeure Events").

In the event of a Force Majeure Event, we will make reasonable efforts to notify you and resume normal operations as soon as practicable. Orders affected by Force Majeure Events may be cancelled, delayed, or modified, and we will work with affected customers to provide reasonable accommodations where possible.

20. Electronic Communications

By using our Services or communicating with us electronically, you consent to receiving communications from us electronically. We may communicate with you by email, by posting notices on the Website, or through other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You further agree that any electronic signature, consent, agreement, or acknowledgment has the same legal effect, validity, and enforceability as a traditional handwritten signature, to the maximum extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state electronic signature laws.

21. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service or our Services, please do not hesitate to contact us using the information below:

We strive to respond to all inquiries within 2-3 business days. For urgent matters related to food safety or order issues, please clearly indicate the urgency of your communication in your email subject line.