Terms of Service

Please read these Terms of Service carefully before using the website marcos-meal.click or any services offered by Marcos. By accessing or using our website and services, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions stated herein, you must immediately discontinue use of our platform and services.

1. Acceptance of Terms

By visiting, browsing, registering on, or placing an order through marcos-meal.click (hereinafter "the Website," "our Platform," or "the Site"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (hereinafter "Terms," "Agreement," or "ToS"), as well as our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you (hereinafter "User," "Customer," or "you") and Marcos (hereinafter "Company," "we," "us," or "our"), a food service business operating in the United States. This Agreement is governed by the laws of the United States and the applicable state laws of the jurisdiction in which Marcos operates.

If you are accessing or using our services on behalf of a business entity, organization, or any other legal person, you represent and warrant that you have full authority to bind such entity to these Terms, and references to "you" in this Agreement shall include that entity.

Users must be at least 18 years of age (or the age of majority in their state of residence) to use our services. By accepting these Terms, you represent and warrant that you are of legal age to form a binding contract. If you are under the age of 18, you may only use our services under the supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Marcos is a food service company operating in the United States, dedicated to providing customers with high-quality food products, meals, catering options, and related culinary services. Our services include, but are not limited to, the following:

• Online Food Ordering: Customers may browse our menu and place orders for food items through our Website.
• Delivery Services: Subject to availability and geographic limitations, Marcos may offer delivery of food items to designated addresses.
• Pickup Services: Customers may place orders online and pick up their food at our designated locations.
• Catering Services: Marcos may offer catering arrangements for events, gatherings, or special occasions, subject to separate agreements and availability.
• Customer Account Management: Users may register for an account to manage orders, track deliveries, save preferences, and access loyalty programs or promotional offers.
• Promotional Offers and Loyalty Programs: From time to time, Marcos may offer discounts, coupons, promotional deals, or loyalty rewards subject to specific terms and conditions.

Marcos reserves the right to modify, suspend, expand, or discontinue any of its services at any time, with or without notice, and shall not be liable to you or any third party for any such changes. The availability of menu items, services, and delivery areas may vary and is subject to change without prior notice.

All food products are prepared in compliance with applicable federal and state food safety regulations, including but not limited to the requirements set forth by the U.S. Food and Drug Administration (FDA) and relevant state health departments. However, customers with food allergies, dietary restrictions, or medical conditions are solely responsible for reviewing ingredient information and consulting with healthcare professionals before consuming our products.

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 orders.
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use of your account.
• Use our Website and services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
• Promptly update any information in your account to ensure it remains accurate and complete.
• Comply with all applicable food safety requirements and handle delivered food products in a safe and appropriate manner.
• Not permit any third party to use your account or access the services on your behalf without authorization.
• Pay all charges associated with your orders and any applicable taxes, fees, or delivery charges in a timely manner.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities when using our Website or services:

• Using the Website for any fraudulent, deceptive, or unlawful purpose, including but not limited to submitting false orders or fraudulent payment information.
• Attempting to gain unauthorized access to any portion or feature of the Website, or to any other systems or networks connected to the Website.
• Interfering with or disrupting the operation of the Website, including introducing viruses, malware, worms, Trojan horses, or other harmful code.
• Using automated means, bots, scrapers, or data mining tools to collect information from our Website without our prior written consent.
• Posting, transmitting, or distributing any content that is unlawful, defamatory, obscene, threatening, invasive of another's privacy, or otherwise objectionable.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity.
• Attempting to reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of any software on our Website.
• Using our Website to advertise or solicit any commercial products or services without our prior written consent.
• Circumventing, disabling, or otherwise interfering with security-related features of the Website.
• Engaging in any activity that imposes an unreasonable or disproportionately large load on our infrastructure or servers.
• Collecting or harvesting personally identifiable information from the Website, including but not limited to account names and email addresses.
• Violating any applicable local, state, federal, or international law or regulation in connection with your use of our services.

Marcos reserves the right to investigate any suspected violations of these prohibitions and to take appropriate action, including suspending or terminating your account, reporting violations to law enforcement authorities, and pursuing civil or criminal remedies to the fullest extent permitted by law.

4. Intellectual Property Rights

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

The name "Marcos," the Marcos logo, and all related names, logos, product and service names, designs, slogans, and trade dress are trademarks or service marks of Marcos or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for personal, non-commercial purposes in connection with your use of our services. This license does not include the right to:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or otherwise exploit any Content without our prior written permission.
• Use any meta-tags or other "hidden text" utilizing our name or trademarks without our express written consent.
• Frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information.
• Use our intellectual property for commercial purposes or for any public display (commercial or non-commercial) without express written consent.

Any unauthorized use of our Content or intellectual property may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. We reserve all rights not expressly granted in these Terms.

If you submit, post, or transmit any content to our Website (such as reviews, comments, or feedback), you grant Marcos a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or control all rights to the content you submit and that such content does not violate these Terms or any applicable law.

5. Payment Terms

By placing an order through our Website, you agree to pay all charges associated with your order, including the price of food items, applicable taxes, delivery fees, service charges, and any other fees disclosed at the time of checkout.

5.1 Payment Methods

We accept various payment methods as displayed on our Website at the time of checkout. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us (or our third-party payment processors) to charge the full amount of your order to the provided payment method.

5.2 Pricing

All prices listed on our Website are in U.S. Dollars (USD) and are subject to change without notice. Marcos makes every effort to ensure that prices displayed on the Website are accurate; however, errors may occur. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price and notify you accordingly.

5.3 Taxes

You are responsible for paying all applicable federal, state, and local taxes associated with your purchases. Applicable sales taxes will be calculated and displayed during the checkout process.

5.4 Refunds and Cancellations

Refund and cancellation policies are subject to the specific terms applicable at the time of your order. Generally, once a food order has been confirmed and preparation has begun, cancellations may not be accepted. If you experience an issue with your order, please contact us immediately at [email protected]. We will review your request and, at our sole discretion, may offer a refund, credit, or replacement.

5.5 Fraudulent Transactions

Marcos reserves the right to refuse or cancel any order that we suspect involves fraudulent activity. We may cooperate with law enforcement authorities to investigate and prosecute fraudulent transactions to the fullest extent permitted by law.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARCOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of, or inability to use, our Website or services;
• Any unauthorized access to or alteration of your transmissions or data;
• Any food allergic reactions, health issues, or injuries arising from the consumption of our food products;
• Any errors, mistakes, or inaccuracies in content on the Website;
• Delays or interruptions in delivery services;
• Any third-party conduct or content;
• Any other matter relating to our Website or services.

IN NO EVENT SHALL MARCOS'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MARCOS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

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

The limitations of liability set forth in this section shall apply regardless of the legal theory upon which the claim is based, whether in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

7. Disclaimers

7.1 As-Is Basis

OUR 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 FEDERAL AND STATE LAW, 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 REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED.

7.2 Food Product Disclaimer

Marcos makes reasonable efforts to ensure that all food products are prepared safely and in compliance with applicable food safety standards. However, we cannot guarantee that our food products are free from all allergens or contaminants. Customers with known food allergies, intolerances, dietary restrictions, or medical conditions are strongly advised to carefully review our menu's allergen information and consult with a qualified healthcare professional before consuming our products. By ordering from Marcos, you assume all risks associated with food allergies and dietary sensitivities.

7.3 Third-Party Services Disclaimer

Our Website may contain links to third-party websites, services, or content that are not owned or controlled by Marcos. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any third parties or their websites.

8. Indemnification

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

• Your violation of these Terms of Service;
• Your use or misuse of our Website or services;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights;
• Any content you submit, post, or transmit through our Website;
• Any fraudulent, negligent, or intentional misconduct on your part;
• Your misrepresentation of any information provided to Marcos.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any such matter without our prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which Marcos is registered and operates, without giving effect to any choice of law or conflict of law provisions.

These Terms are also subject to applicable federal laws and regulations, including but not limited to:

• The Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., governing consumer protection and unfair or deceptive acts or practices in commerce;
• The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, regarding unauthorized computer access;
• The Electronic Communications Privacy Act (ECPA);
• The Children's Online Privacy Protection Act (COPPA), to the extent applicable;
• Applicable state consumer protection statutes, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for residents of California, which grant specific rights regarding personal information.

For California residents, in accordance with the CCPA/CPRA, you may have additional rights regarding your personal information, including the right to know, the right to delete, the right to opt-out of the sale of personal information, and the right to non-discrimination. Please refer to our Privacy Policy for full details.

Any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, in the state where Marcos maintains its primary place of business. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue of any such proceeding in such courts.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services informally by contacting Marcos directly at [email protected]. We will attempt to resolve the 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 formal dispute resolution as described below.

10.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR YOUR USE OF OUR SERVICES, SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES.

The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The parties agree that the arbitration shall be conducted on an individual basis and not as a class, collective, representative, or consolidated action.

10.3 Class Action Waiver

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

10.4 Small Claims Court

Notwithstanding the above, either party may bring an individual action in small claims court in the jurisdiction where you reside, provided that the claim qualifies for small claims court and remains in such court.

11. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use our Website or services or maintain an account with Marcos.

11.1 Termination by You

You may terminate your account and discontinue use of our services at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including any outstanding payment obligations.

11.2 Termination by Marcos

Marcos reserves the right, at its sole discretion, to suspend or terminate your account and access to our services immediately, with or without notice and without liability to you, for any of the following reasons:

• Violation of any provision of these Terms of Service;
• Fraudulent, abusive, or illegal activity;
• Non-payment of amounts due;
• Requests from law enforcement or government authorities;
• Unexpected technical or security issues;
• Discontinuation or material modification of any of our services;
• Any other reason at our sole discretion.

11.3 Effect of Termination

Upon termination of your account or these Terms, all rights and licenses granted to you under these Terms will immediately terminate. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, indemnification provisions, and dispute resolution provisions.

12. Changes to Terms

Marcos reserves the right, in its sole discretion, to modify, update, or replace these Terms of Service at any time. When we make changes to these Terms, we will update the "Last Updated" date at the top of this page and, where feasible, provide notice through our Website or by email to the address associated with your account.

Your continued use of our Website or services following the posting of revised Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree to the revised Terms, you must immediately stop using our services and close your account.

We encourage you to review these Terms periodically to stay informed about our policies and any updates. It is your responsibility to check these Terms regularly for changes. Material changes will be communicated with reasonable notice where required by applicable law.

13. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unenforceable, or contrary to applicable law, such provision shall be modified to the minimum extent necessary to make it valid and 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 failure of Marcos to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Marcos in writing. No waiver of any breach of these Terms shall be deemed a waiver of any subsequent breach of the same or any other provision.

14. Additional Provisions

14.1 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 your use of our services and supersede all prior and contemporaneous agreements, proposals, representations, and communications, whether oral or written, relating to the subject matter hereof.

14.2 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of Marcos. Marcos may assign these Terms, in whole or in part, without restriction and 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 provision shall be null and void.

14.3 Force Majeure

Marcos shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, wars, terrorist acts, civil unrest, government orders, labor disputes, supply chain disruptions, power outages, or internet service disruptions.

14.4 No Third-Party Beneficiaries

These Terms of Service are for the sole benefit of you and Marcos and do not create any third-party beneficiary rights in any other person or entity, except as expressly provided herein.

14.5 Electronic Communications

By using our Website and services, you consent to receiving electronic communications from Marcos, including transactional emails, order confirmations, receipts, and other service-related messages. These electronic communications satisfy any legal requirement that such communications be in writing.

14.6 Accessibility

Marcos is committed to ensuring that our Website is accessible to all users, including those with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) and applicable accessibility requirements under the Americans with Disabilities Act (ADA). If you experience accessibility issues, please contact us at [email protected].

15. Contact Information

If you have any questions, concerns, complaints, or feedback regarding these Terms of Service or our services, please contact us using the information provided below. We are committed to responding to all inquiries in a timely and professional manner.

When contacting us, please include your full name, order number (if applicable), and a detailed description of your inquiry so that we may assist you as efficiently as possible.