Terms of Service

Effective Date: May 8, 2026  |  Last Updated: May 8, 2026

1. Acceptance of Terms

Welcome to Marcos. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Marcos ("Company," "we," "us," or "our"), the operator of the website located at marcos.rest (the "Website") and all associated services, including but not limited to online ordering, reservations, menu browsing, and any other food-related services offered through our platform.

By accessing our Website, placing an order, making a reservation, creating an account, or otherwise using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference. Your continued use of the Website and services constitutes your ongoing acceptance of these Terms.

If you are using our services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in that case, "you" and "your" shall refer to that entity. If you do not have such authority, you must not accept these Terms or use the services on behalf of such entity.

These Terms apply to all visitors, users, and others who access or use our services. Users must be at least 13 years of age to use this Website. If you are under 18 years of age, you must have the consent of a parent or legal guardian to use our services and enter into binding agreements.

2. Description of Services

Marcos is a food service establishment operating in the United States. Through our Website at marcos.rest, we offer a variety of services designed to enhance your dining experience, including but not limited to:

• Online Menu Browsing: Users may view our current menu offerings, including food and beverage items, along with descriptions, pricing, and allergen information where available.
• Online Ordering: Users may place orders for pickup or delivery through our Website or affiliated third-party platforms integrated with our services.
• Reservation Services: Users may request or book tables and dining reservations through our Website or linked reservation platforms.
• Customer Account Management: Users may create accounts to save preferences, track order history, manage loyalty rewards, and streamline future interactions with our services.
• Promotional and Loyalty Programs: We may offer promotions, discounts, rewards programs, and other special offers to eligible customers from time to time.
• Customer Support: We provide customer service and support through email, phone, and other available channels.
• Newsletter and Marketing Communications: With your consent, we may send promotional emails, newsletters, and updates about our services, new menu items, and special events.

We reserve the right, at our sole discretion, to modify, suspend, or discontinue any part of our services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services. Menu items, pricing, availability, and service offerings are subject to change without prior notice.

Marcos makes no representations or warranties that the services will be available at all times or in all geographic locations. Delivery services, where offered, may be subject to geographic restrictions, minimum order requirements, and delivery fees as displayed at the time of ordering.

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, placing an order, or making a reservation.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the confidentiality of your account credentials, including your username and password, and accept responsibility for all activities that occur under your account.
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.
• Comply with all applicable local, state, and federal laws and regulations while using our services.
• Use our services only for lawful purposes and in a manner consistent with these Terms.
• Treat our staff, representatives, and other users with respect and courtesy in all communications.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use our Website or services for any unlawful purpose or in any way that violates applicable federal, state, or local laws and regulations.
• Attempt to gain unauthorized access to any portion of our Website, servers, databases, or any systems connected to our Website.
• Use any robot, spider, scraper, crawler, or other automated means to access our Website for any purpose without our express written permission.
• Transmit any viruses, malware, Trojan horses, worms, or any other harmful, disruptive, or destructive files or code.
• Engage in fraudulent activities, including but not limited to placing false or fraudulent orders, using stolen payment information, or misrepresenting your identity.
• Attempt to reverse engineer, decompile, or disassemble any software or systems used in connection with our services.
• Harass, threaten, intimidate, or harm any of our employees, agents, or other users.
• Post or transmit any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable.
• Collect or harvest any personally identifiable information from our Website without authorization.
• Use our services to send spam, chain letters, or other unsolicited commercial communications.
• Interfere with or disrupt the integrity or performance of our Website or services.
• Create multiple accounts for deceptive purposes or to abuse promotional offers and loyalty programs.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Circumvent, disable, or otherwise interfere with security-related features of our Website.

Violation of any of the prohibited activities listed above may result in immediate termination of your account, cancellation of pending orders, and potential legal action. We reserve the right to report any illegal activities to the appropriate law enforcement authorities.

4. Intellectual Property Rights

The Website and all of its original content, features, functionality, design elements, graphics, logos, trademarks, service marks, trade names, text, images, audio, video, and software (collectively, "Content") are owned by or licensed to Marcos and are protected by United States and international intellectual property laws, including copyright, trademark, patent, trade secret, and other applicable laws.

All trademarks, service marks, logos, and trade names displayed on our Website, including the Marcos name and logo, are proprietary to Marcos or their respective owners. Nothing in these Terms shall be construed as granting any license or right to use any trademark, service mark, or trade name without the prior written consent of Marcos or the applicable owner.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Website and services for personal, non-commercial purposes, subject to these Terms. This license does not include the right to:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content from our Website;
• Use any data mining, robots, or similar data gathering or extraction methods;
• Use our Content for commercial purposes without express written permission;
• Remove or alter any copyright, trademark, or other proprietary notices contained in our Content.

Any unauthorized use of our Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. We actively monitor and enforce our intellectual property rights and may pursue civil and criminal remedies for infringement.

If you believe that any content on our Website infringes your copyright, please contact us at [email protected] with a detailed description of the alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA).

5. Payment Terms

5.1 Pricing and Payment

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes, service fees, delivery fees, and other charges will be clearly displayed before you complete your order. You are responsible for paying all charges associated with your order, including all applicable taxes.

We accept various forms of payment as indicated on our Website at the time of checkout, which may include major credit cards (Visa, Mastercard, American Express, Discover), debit cards, digital wallets, and other payment methods. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that such information is accurate.

5.2 Order Confirmation and Processing

Upon placing an order, you will receive an order confirmation via email or through our Website. This confirmation constitutes your receipt of the order. All orders are subject to acceptance by Marcos. We reserve the right to refuse or cancel any order for any reason, including but not limited to unavailability of items, errors in pricing or product descriptions, or suspected fraud.

5.3 Cancellations and Refunds

Cancellation policies may vary depending on the type of order (dine-in reservation, pickup, or delivery). For prepared food orders, cancellations may be limited once food preparation has begun. Refunds for eligible cancellations or order errors will be processed in accordance with our Refund Policy. Please contact us at [email protected] or call us with any payment disputes.

5.4 Promotional Codes and Discounts

Promotional codes, discount vouchers, and loyalty rewards are subject to specific terms and conditions associated with each offer. Unless stated otherwise, promotional codes are single-use, non-transferable, have no cash value, and may not be combined with other offers. We reserve the right to modify or cancel any promotional offer at any time.

5.5 Chargebacks and Disputes

If you believe there is an error on your bill or payment, please contact us promptly at [email protected]. Initiating a chargeback with your financial institution without first attempting to resolve the issue with us may result in suspension of your account. We will cooperate fully with financial institutions and payment processors in investigating any disputes.

6. Food Safety, Allergen Information, and Health Disclaimers

Marcos takes food safety and quality seriously and operates in compliance with all applicable United States federal, state, and local food safety regulations, including standards set by the Food and Drug Administration (FDA) and applicable state health departments.

While we make every effort to provide accurate allergen and nutritional information, we cannot guarantee that any menu item is completely free from allergens. Our kitchen handles a variety of ingredients, including common allergens such as nuts, dairy, gluten, eggs, soy, shellfish, and others. Cross-contamination may occur during food preparation. If you have severe food allergies or dietary restrictions, it is your responsibility to notify our staff before ordering, and you assume all risk associated with consuming our food products.

Caloric and nutritional information provided on our Website is for general informational purposes only and is based on standard recipes. Actual nutritional content may vary based on portion size, preparation methods, ingredient substitutions, and other factors.

7. Third-Party Services and Links

Our Website may contain links to third-party websites, services, or platforms, including but not limited to delivery platforms, payment processors, reservation systems, and social media platforms. These third-party services are not owned or controlled by Marcos, and we are not responsible for their content, privacy practices, or terms of service.

We provide these links solely for your convenience and informational purposes. The inclusion of any link does not imply our endorsement of the linked site or service. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties. We encourage you to review the terms and privacy policies of any third-party services you access.

Marcos shall not be liable for any damages, losses, or issues arising from your use of or reliance on any third-party websites, products, or services accessed through our Website.

8. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY 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, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, our warranties will be limited to the minimum 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, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR DATA;
• LOSS OF GOODWILL OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR PERSONAL INFORMATION;
• INTERRUPTION OR CESSATION OF SERVICE;
• BUGS, VIRUSES, OR TROJAN HORSES TRANSMITTED THROUGH OUR SERVICES;
• ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICES.

IN NO EVENT SHALL MARCOS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO MARCOS IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MARCOS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify, and hold harmless Marcos and its officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, 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 of Service;
• Your use of our Website or services;
• Your violation of any applicable laws, regulations, or third-party rights;
• Any content or information you submit, post, or transmit through our Website;
• Your negligence, willful misconduct, or fraudulent activities;
• Any dispute between you and a third party arising from your use of our services.

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

11. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation 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 operates, without giving effect to any choice or conflict of law provision or rule.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of our services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

These Terms are subject to applicable federal consumer protection laws, including but not limited to the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive practices in commerce. If you are a resident of California, additional rights may apply to you under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as further described in our Privacy Policy.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute informally by contacting Marcos at [email protected] with a written description of your complaint. We will attempt to resolve the dispute within thirty (30) days of receiving your notice. Both parties agree to negotiate in good faith to reach a mutually satisfactory resolution.

12.2 Binding Arbitration

If informal resolution is unsuccessful, you and Marcos agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the services (collectively, "Disputes"), will be resolved by binding arbitration, rather than in court, except that either party may bring claims in small claims court if the claims qualify.

The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA), including the AAA's Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall take place in the United States, in a location reasonably convenient to both parties, or via telephonic or video conferencing means. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 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 ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. Further, unless both you and Marcos agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

12.4 Exceptions

Notwithstanding the arbitration provision above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to protect confidential information, intellectual property rights, or to prevent irreparable harm pending arbitration.

13. Term and Termination

13.1 Term

These Terms of Service become effective when you first access our Website or use our services and shall remain in full force and effect for as long as you continue to use our Website or services, unless terminated earlier in accordance with these Terms.

13.2 Termination by You

You may terminate your account or stop using our services at any time by contacting us at [email protected] and requesting account deletion. Please note that termination of your account may not result in the deletion of all data we hold about you, which shall be governed by our Privacy Policy and applicable law.

13.3 Termination by Marcos

We reserve the right to suspend or terminate your account and access to our services, at our sole discretion, at any time and for any reason, including but not limited to:

• Breach of any provision of these Terms;
• Fraudulent, abusive, or illegal activity;
• Extended periods of account inactivity;
• Requests from law enforcement or government agencies;
• Discontinuation of our services or significant portions thereof.

13.4 Effect of Termination

Upon termination of your account or these Terms, your right to use our services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, intellectual property provisions, warranty disclaimers, limitations of liability, indemnification obligations, dispute resolution provisions, and governing law provisions.

14. Changes to Terms of Service

Marcos reserves the right to modify, update, or replace these Terms of Service at any time, at our sole discretion. We will provide notice of significant changes by updating the "Last Updated" date at the top of this page and, where appropriate, by sending an email notification to the address associated with your account or by posting a prominent notice on our Website.

Your continued use of our Website or services after the posting of revised Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for updates. If you do not agree to the modified Terms, you must discontinue your use of our services and, if applicable, delete your account.

We encourage you to bookmark this page and review these Terms regularly. Material changes will be highlighted or communicated at least fourteen (14) days before they take effect, where reasonably practicable.

15. Privacy Policy

Your use of our Website and services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information in accordance with applicable United States privacy laws, including the Federal Trade Commission Act and, where applicable, the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Please review our Privacy Policy carefully to understand our data practices.

16. Electronic Communications

By using our Website and services, you consent to receive electronic communications from us, including emails, notifications, and other messages related to your account, orders, reservations, and our services. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

For marketing and promotional communications, we will obtain your consent where required by law, and you will have the ability to opt out of such communications at any time by following the unsubscribe instructions contained in our marketing emails or by contacting us at [email protected].

17. Force Majeure

Marcos shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, war, terrorism, labor disputes, supply chain disruptions, power outages, internet failures, or any other event or circumstance beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, we will make reasonable efforts to notify you of the situation and to resume normal operations as soon as practicable. Our obligations under these Terms will be suspended for the duration of the Force Majeure Event.

18. Entire Agreement

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

No oral or written information given by Marcos, its employees, or agents shall create a warranty or representation not expressly stated in these Terms, unless such information is provided in a written amendment to these Terms signed by an authorized representative of Marcos.

19. Severability

If any provision of these Terms of Service is found to be unlawful, void, unenforceable, or invalid by a court or arbitrator of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, consistent with the original intent of the parties, or if modification is not possible, it shall be replaced with a valid and enforceable provision that comes closest to the economic effect and intent of the original provision.

The failure of Marcos to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any provision in one instance shall not be deemed a continuing waiver or a waiver in any other instance. All waivers must be in writing signed by an authorized representative of Marcos to be effective.

20. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Marcos. Marcos may assign or transfer these Terms, in whole or in part, at any time without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any attempted assignment in violation of this section shall be null and void.

21. Headings and Interpretation

The section headings used in these Terms are for convenience and reference purposes only and shall not affect the construction or interpretation of these Terms. Unless the context clearly requires otherwise, the word "including" means "including without limitation," and the singular includes the plural and vice versa.

22. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, please do not hesitate to contact us using the information provided below. We are committed to addressing your inquiries promptly and professionally.