Terms of Service

Please read these Terms of Service carefully before using the website new-marcos.click or any services offered by Marcos. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations.

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"), governing your access to and use of the website located at new-marcos.click (the "Website"), including all content, features, functionality, and services offered through the Website.

By visiting our Website, placing an order, creating an account, or otherwise engaging with any of our services, you expressly agree to comply with and be legally bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue use of our Website and services.

These Terms apply to all visitors, users, customers, and any other persons who access or use our Website or services. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes.

You represent and warrant that you are at least 18 years of age, or if you are between the ages of 13 and 17, that you have obtained the consent of a parent or legal guardian to use our Website and services. If you are using our Website on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of Services

Marcos is a food business operating in the United States, offering a range of food products and related services to consumers. Our services include, but are not limited to, the following:

2.1 Food Products and Menu Offerings

We offer a variety of food items, meals, beverages, and related food products. Our menu and product offerings are subject to change at any time without prior notice. Availability of specific items may vary based on location, season, time of day, supply conditions, and other factors. We reserve the right to discontinue any food item or product at our sole discretion.

2.2 Online Ordering

Through our Website, customers may place orders for food products for pickup or delivery, where applicable. By placing an order, you represent that all information you provide is accurate, current, and complete. Orders are subject to acceptance at our discretion. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, inaccuracies in product or pricing information, or suspected fraudulent activity.

2.3 Delivery Services

Where delivery services are offered, they may be fulfilled by Marcos directly or through third-party delivery partners. Delivery availability, areas, fees, and estimated times are provided for informational purposes only and are not guaranteed. Delivery times may be affected by weather conditions, traffic, order volume, and other factors beyond our control.

2.4 Catering and Special Orders

We may offer catering services and special bulk orders for events, gatherings, and other occasions. Special orders may be subject to additional terms, deposit requirements, advance notice requirements, and cancellation policies. Details regarding catering services will be communicated at the time of inquiry.

2.5 Promotional Programs and Loyalty Rewards

From time to time, we may offer promotional programs, discounts, loyalty rewards, or special offers. Such programs are subject to their own specific terms and conditions, which will be made available at the time of the promotion. We reserve the right to modify, suspend, or terminate any promotional program at any time without prior notice.

2.6 Website and Digital Services

Our Website provides information about our food offerings, allows for online ordering, and may include other digital features such as account management, newsletters, and customer support communications. Access to the Website is provided on an as-available basis, and we do not guarantee uninterrupted access at all times.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our Website and services, you agree to:

• Provide accurate, truthful, and complete information when creating an account, placing an order, or otherwise interacting with our services.
• 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 pay for all orders placed and services rendered in accordance with the payment terms set forth in these Terms.
• Treat our staff, delivery personnel, and other users with respect and dignity.
• Comply with any additional terms, policies, or guidelines posted on our Website from time to time.
• Notify us of any allergens, dietary restrictions, or food sensitivities at the time of ordering, understanding that while we will make reasonable efforts to accommodate such requests, we cannot guarantee the absence of specific allergens in our food products.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities in connection with your use of our Website or services:

• Using the Website for any fraudulent, illegal, or unauthorized purpose.
• Attempting to gain unauthorized access to our systems, servers, databases, or other computer systems connected to our Website.
• Introducing viruses, trojans, worms, logic bombs, or other malicious or technologically harmful materials to our Website.
• Engaging in any form of data mining, data harvesting, data extraction, or scraping of our Website without our express written consent.
• Circumventing, disabling, or interfering with security-related features of our Website.
• Using automated scripts, bots, or other automated means to access or interact with our Website without our express written permission.
• Submitting false, misleading, or defamatory reviews, comments, or other user-generated content.
• Impersonating any person or entity, including our staff or representatives.
• Harassing, threatening, or intimidating our employees, delivery personnel, or other users.
• Placing fraudulent orders or providing false payment information.
• Reselling or commercially exploiting any portion of our services without our express written consent.
• Violating any applicable federal, state, or local law, regulation, or ordinance.
• Engaging in any conduct that restricts or inhibits any other user's ability to use and enjoy our Website and services.

We reserve the right to investigate and take appropriate legal action against any person who, in our sole determination, violates these prohibitions. Such actions may include reporting to law enforcement authorities, terminating account access, and pursuing available legal remedies.

4. Intellectual Property Rights

4.1 Ownership

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

4.2 Limited License

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

• Reproduce, distribute, publicly display, or publicly perform any Content;
• Modify or create derivative works based on the Content;
• Use any data mining, robots, or similar data gathering or extraction methods;
• Download or copy account information for the benefit of another person or entity; or
• Use the Content for any commercial purpose or for any public display (commercial or non-commercial).

4.3 Trademarks

The Marcos name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Marcos. You must not use such marks without the prior written permission of Marcos. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

4.4 User-Generated Content

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

5. Payment Terms

5.1 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices displayed at the time of your order placement will be the prices charged to you for that order. Applicable taxes, delivery fees, and service charges will be calculated and displayed prior to order confirmation.

5.2 Payment Methods

We accept various forms of payment as 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 designated payment method and authorize us to charge the total amount of your order to that payment method.

5.3 Order Confirmation

Upon successful placement of an order, you will receive an order confirmation via email or through our Website. This confirmation does not constitute acceptance of your order. We reserve the right to cancel or refuse any order at any time prior to delivery or pickup for reasons including but not limited to product unavailability, pricing errors, or suspected fraudulent activity.

5.4 Refunds and Cancellations

Refund and cancellation requests are handled on a case-by-case basis in accordance with our Refund Policy. Generally, once an order has been prepared or is in transit, cancellations may not be accepted. If you receive an incorrect or unsatisfactory order, please contact us promptly at [email protected] so that we may address your concern. Approved refunds will be processed to the original payment method within a commercially reasonable time frame.

5.5 Taxes

You are responsible for all applicable sales taxes, use taxes, and other governmental charges associated with your purchases. We collect and remit applicable taxes in accordance with federal, state, and local tax laws.

6. Food Safety, Allergens, and Dietary Information

We take food safety seriously and comply with all applicable federal and state food safety regulations, including those enforced by the U.S. Food and Drug Administration (FDA) and applicable state health departments. However, you acknowledge and agree that:

• Our food products may be prepared in facilities that handle common allergens, including but not limited to peanuts, tree nuts, wheat, soy, dairy, eggs, fish, and shellfish.
• Cross-contamination may occur despite our best efforts, and we cannot guarantee that any food item is completely free from a specific allergen.
• Nutritional and ingredient information provided on our Website or menu is provided in good faith based on available data but may not be 100% accurate in all cases.
• It is your responsibility to inform us of any food allergies or dietary restrictions at the time of ordering.
• Individuals with severe food allergies should exercise caution and consult with our staff before ordering.

7. Disclaimer of Warranties

7.1 As-Is Basis

YOUR USE OF OUR 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, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, 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, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED; AND
• WARRANTIES THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7.2 Third-Party Services

We make no warranties or representations regarding third-party delivery services, payment processors, or other third-party services accessed through or in connection with our Website. Any dealings you have with third parties found while using our services are solely between you and the third party, and we shall not be responsible for any harm or damages of any sort incurred as the result of such dealings.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARCOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE;
• ANY FOOD PRODUCT CONSUMED OR PURCHASED THROUGH OUR SERVICES, EXCEPT AS REQUIRED BY APPLICABLE LAW;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; OR
• ANY OTHER MATTER RELATING TO OUR WEBSITE OR SERVICES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO MARCOS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Marcos and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or inability to use our Website or services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any User Content you submit, post, or transmit through our Website;
• Your negligence or willful misconduct; or
• Any false representations made by you in connection with your use of our services.

We reserve 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 matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Governing Law and Jurisdiction

These Terms of Service 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 giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the services provided hereunder shall be instituted exclusively in the federal or state courts of competent jurisdiction in the United States.

You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. If you are a consumer residing in a state that provides additional legal rights or protections, nothing in these Terms shall be deemed to waive any rights you may have under applicable state consumer protection laws, including but not limited to the California Consumer Privacy Act (CCPA/CPRA) for residents of California, and applicable state consumer protection statutes.

Our services are operated and controlled from within the United States. We make no representation that the materials on the Website are appropriate or available for use in other locations. Those who choose to access our services from other locations do so on their own initiative and are responsible for compliance with local laws.

11. Dispute Resolution

11.1 Informal Resolution

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

11.2 Binding Arbitration

EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE BREACH THEREOF, OR YOUR USE OF OUR SERVICES SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, WHICH ARE INCORPORATED HEREIN BY REFERENCE. THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

The arbitration shall be conducted in English, and the arbitrator shall apply the substantive law applicable to the dispute. The arbitration shall take place in the United States. Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines that an award of fees is appropriate under applicable law.

11.3 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 AGREE THAT SUCH CLAIM SHALL BE RESOLVED ONLY IN COURT ON AN INDIVIDUAL BASIS.

11.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

12. Term and Termination

12.1 Term

These Terms shall remain in full force and effect for as long as you use our Website or services. Certain provisions of these Terms, by their nature, shall survive termination, including but not limited to intellectual property rights, disclaimers, indemnification, limitation of liability, and dispute resolution provisions.

12.2 Termination by Us

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

• Violation of any provision of these Terms;
• Conduct that we believe is harmful to us, our customers, or other users;
• Suspected fraudulent activity or misuse of our services;
• Extended periods of inactivity; or
• A request by law enforcement or a government agency.

Upon termination, your right to use our Website and services will immediately cease. We shall not be liable to you or any third party for any termination of your access to our Website or services.

12.3 Termination by You

You may terminate your account or cease using our services at any time by contacting us at [email protected]. Upon termination, you remain responsible for all charges incurred prior to termination and any outstanding obligations under these Terms.

13. Changes to Terms of Service

We reserve the right, at our sole discretion, to modify, update, or replace any part of these Terms of Service at any time. Changes will be effective immediately upon posting to our Website at new-marcos.click, unless a different effective date is specified. We will endeavor to notify you of material changes by posting a notice on our Website or by sending an email to the address associated with your account.

Your continued use of the Website or services following the posting of changes to these Terms constitutes your acceptance of such changes. It is your responsibility to regularly review these Terms to stay informed of any updates. If you do not agree to the revised Terms, you must immediately stop using our Website and services.

In the event of a significant change to these Terms that materially affects your rights or obligations, we will provide at least thirty (30) days' notice prior to the effective date of such change, where feasible.

14. Privacy Policy

Your use of our Website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information in compliance with applicable United States federal and state privacy laws, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act (FTC Act) concerning unfair or deceptive practices. Please review our Privacy Policy carefully before using our services.

15. 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. We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. We do not endorse or make any representations about third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policy of any third-party website or service that you visit. Your interactions with third-party websites are solely between you and such third parties, and you access and use them at your own risk.

16. Electronic Communications

By using our Website or services, you consent to receiving electronic communications from us, including via email, SMS/text message (where opted in), or through notices posted on our Website. These communications may include information about your orders, your account, promotional offers, and other information relating to our services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

If you wish to opt out of marketing communications, you may do so by following the unsubscribe instructions contained in our communications or by contacting us at [email protected]. Please note that even if you opt out of marketing communications, we may still send you transactional or operational communications relating to your account or orders.

17. Force Majeure

We shall not be liable for any failure or delay in performance of our 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, pandemic or epidemic events, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. In the event of a force majeure event, we will use commercially reasonable efforts to resume normal operations as soon as practicable.

18. Severability

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

The parties agree that any invalid, illegal, or unenforceable provision shall be replaced by a valid, enforceable provision that, to the greatest extent possible, achieves the same purpose and economic effect as the replaced provision.

19. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by us 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 negotiations, representations, warranties, agreements, statements, promises, and understandings, whether written or oral, between you and us with respect to the subject matter hereof.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Marcos. A waiver of any particular provision shall not constitute a waiver of any other provision or of that provision in any other instance.

20. Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder, in whole or in part, without our prior written consent. Any attempted assignment without our consent shall be null and void. We may freely assign or transfer these Terms or our rights and obligations hereunder without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

21. Accessibility

Marcos is committed to ensuring that our Website and services are accessible to individuals with disabilities in accordance with applicable federal accessibility laws, including the Americans with Disabilities Act (ADA). If you experience difficulty accessing any portion of our Website or services, please contact us at [email protected] so that we may assist you and address any accessibility concerns.

22. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to report a violation of these Terms, please contact us using the information below:

We endeavor to respond to all inquiries within five (5) business days. For urgent matters relating to food safety or health concerns, please contact your local health authority in addition to contacting us.