Terms of Service

Please read these Terms of Service carefully before using the website marcoscafe.click or any services offered by Marcos. By accessing or using our website, placing an order, or otherwise interacting with our services, you agree to be bound by these Terms of Service in their entirety. If you do not agree with any part of these terms, you must discontinue use of our website and services immediately.

1. Acceptance of Terms

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"), governing your access to and use of the website located at marcoscafe.click (the "Website") and all related food services, online ordering platforms, and associated features (collectively, the "Services").

By accessing our Website, creating an account, placing an order, subscribing to communications, or otherwise using any portion of our Services, you represent and warrant that:

• You are at least 18 years of age, or if you are between the ages of 13 and 17, you have obtained verifiable parental or legal guardian consent;
• You have the legal authority, right, and capacity to enter into this Agreement on behalf of yourself or the entity you represent;
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference;
• Your use of the Services does not violate any applicable law or regulation in the United States.

If you are accessing the Services on behalf of a business entity, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms, and accordingly, the term "you" shall refer to that entity.

2. Description of Services

Marcos is a food service establishment operating in the United States. Through our Website and associated platforms, we offer the following services:

2.1 Food Products and Menu Items

We provide a variety of food and beverage products as listed on our current menu, which is subject to change without prior notice. Menu items, pricing, availability, portion sizes, and ingredients may vary. We reserve the right to modify, discontinue, or substitute any menu item at any time without liability to you.

2.2 Online Ordering and Delivery

Our Website may offer online ordering for pickup, dine-in reservation, or delivery services depending on your location and the options currently available. Delivery availability, estimated times, and service areas are subject to change. We may utilize third-party delivery partners to fulfill delivery orders, and their own terms and conditions may also apply.

2.3 Catering and Special Orders

We may offer catering packages, bulk ordering, or special event services. Such services may be subject to additional terms, minimum order requirements, advance notice requirements, and separate pricing agreements.

2.4 Loyalty Programs and Promotions

From time to time, we may offer loyalty programs, discount codes, promotional offers, or special deals. Such programs are subject to their own specific terms, expiration dates, and eligibility requirements and may be modified or discontinued at any time.

2.5 Website and Digital Services

We provide informational content, menu browsing, contact forms, newsletter subscriptions, and other digital features through our Website. We do not guarantee uninterrupted or error-free access to our digital services at all times.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Services, you agree to:

• Provide accurate, complete, and current information when placing orders, creating accounts, or submitting any forms on our Website;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use of your account;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable local, state, and federal laws, regulations, and ordinances of the United States;
• Pay for all orders and services in a timely manner as required;
• Treat our staff, delivery personnel, and other customers with respect and courtesy;
• Promptly notify us of any errors, discrepancies, or issues with your order or our Services.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities while using our Services:

• Fraudulent Activity: Placing orders with fraudulent payment information, initiating unauthorized chargebacks, or engaging in any form of financial fraud;
• Misrepresentation: Providing false, misleading, or inaccurate information to obtain products, discounts, or services;
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, databases, or accounts belonging to other users;
• Interference: Disrupting, interfering with, or impairing the functionality of our Website or servers through hacking, denial-of-service attacks, malware, or other malicious means;
• Scraping and Harvesting: Using automated tools, bots, scrapers, or scripts to extract data, content, or information from our Website without our express written consent;
• Intellectual Property Infringement: Reproducing, copying, distributing, or exploiting any content from our Website without authorization;
• Harassment: Harassing, threatening, intimidating, or abusing our employees, contractors, or other customers;
• Spam: Sending unsolicited communications, chain letters, or spam through any of our contact channels;
• Resale: Purchasing our products for unauthorized commercial resale or distribution without our written consent;
• Violation of Laws: Using our Services to facilitate any activity that violates applicable United States federal or state law.

Violation of these prohibitions may result in immediate termination of your access to our Services, legal action, or referral to law enforcement authorities, as we deem appropriate.

4. Intellectual Property Rights

4.1 Ownership of Content

All content on the Website, including but not limited to text, graphics, logos, images, photographs, audio and video materials, menu designs, recipes, trade names, service marks, trademarks, and software (collectively, "Content"), is the exclusive property of Marcos or its licensors and is protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable federal and state laws.

4.2 Limited License

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

• Reproduce, distribute, display, or create derivative works of our Content without our prior written consent;
• Use our trademarks, logos, or trade names without express written authorization;
• Remove or alter any proprietary notices, labels, or marks on our Content;
• Use our Content for commercial purposes or for the benefit of any third party.

4.3 User-Submitted Content

If you submit reviews, comments, photographs, feedback, or other content to our Website or social media channels ("User Content"), you grant us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, publish, distribute, and display such User Content in connection with our business and marketing activities. You represent and warrant that you have all necessary rights to grant this license and that your User Content does not infringe upon the rights of any third party.

5. Payment Terms

5.1 Pricing

All prices displayed on our Website or menu are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes, delivery fees, service charges, or gratuity unless otherwise expressly stated. We reserve the right to correct pricing errors at any time.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated at the point of sale or checkout. By providing your payment information, you authorize us to charge the applicable amount for your order, including taxes and applicable fees.

5.3 Order Confirmation

Your order is not confirmed until you receive a confirmation notice from us via email, SMS, or through our platform. We reserve the right to cancel or refuse any order at our sole discretion, including due to pricing errors, product unavailability, suspected fraud, or inability to verify payment information.

5.4 Refunds and Cancellations

Refund and cancellation policies vary by order type and circumstance. If you are dissatisfied with your order due to quality issues or errors on our part, please contact us at [email protected] within 24 hours of receiving your order. Refunds, credits, or replacements are issued at our sole discretion. We are not obligated to provide refunds for change-of-mind cancellations after an order has been prepared.

5.5 Taxes

You are responsible for all applicable federal, state, and local sales taxes or similar charges applicable to your purchases. We will collect and remit applicable sales taxes as required by law.

6. Food Safety, Allergen Disclaimer, and Health Information

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

• Allergens: Our food products are prepared in a kitchen environment where common allergens, including but not limited to gluten, nuts, dairy, eggs, shellfish, soy, and other allergens, may be present. We cannot guarantee that any menu item is completely free from allergen cross-contamination. It is your responsibility to inform us of any food allergies or dietary restrictions prior to ordering, and we strongly encourage individuals with severe allergies to contact us directly before placing an order.
• Nutritional Information: Any nutritional information provided on our Website is approximate and may vary based on preparation methods, ingredient variations, and portion sizes. Such information is provided for general guidance only and should not be relied upon as medical or dietary advice.
• Health Conditions: If you have specific medical conditions, dietary restrictions, or health concerns, please consult a qualified healthcare professional before consuming our food products.

7. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that our Website will be available, uninterrupted, secure, error-free, or free of viruses or other harmful components;
• Warranties regarding the accuracy, completeness, timeliness, or reliability of any content on our Website;
• Warranties regarding the quality, safety, or suitability of any food products for any particular purpose or individual.

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 are limited to the minimum extent permitted by applicable law.

8. Limitation of Liability

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

• Indirect, incidental, special, consequential, exemplary, or punitive damages;
• Loss of profits, revenue, data, goodwill, or other intangible losses;
• Damages resulting from your inability to access or use our Services;
• Damages resulting from unauthorized access to or alteration of your transmissions or data;
• Damages arising from any food allergic reaction, foodborne illness, or health condition resulting from consumption of our products, where you have failed to disclose a relevant allergy or dietary restriction;
• Damages resulting from any third-party conduct, content, or services accessed through our Website.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations in this section shall apply regardless of the legal theory on which the claim is based (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you to the extent prohibited by applicable state law.

9. Indemnification

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

• Your access to or use of our Website or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable law, regulation, or third-party right, including intellectual property rights or privacy rights;
• Any User Content you submit, post, or transmit through our Services;
• Your negligence, willful misconduct, or fraud;
• Any dispute between you and a third party arising from your use of our Services.

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

10. Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to its conflict of law principles.

Any legal action, suit, or proceeding arising out of or relating to these Terms or your use of the Services that is not subject to arbitration as described below shall be brought exclusively in the appropriate federal or state courts located in the United States. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

We make no representation that our Website or Services are appropriate or available for use outside the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at [email protected] and attempt to resolve any dispute informally. We will attempt to resolve any such dispute within thirty (30) calendar days of receiving your notice. If the dispute is not resolved within that period, either party may proceed to formal dispute resolution as described below.

11.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND MARCOS AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT. This agreement to arbitrate is intended to be broadly interpreted and includes all claims whether based on contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory.

Arbitration shall be administered by a recognized arbitration organization under its applicable rules then in effect, such as the American Arbitration Association (AAA) or JAMS. The arbitration shall take place in the United States. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT A CLASS ARBITRATION.

11.4 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court, provided that the action remains in small claims court and is not removed or appealed to a court of general jurisdiction.

11.5 Jury Trial Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND MARCOS EACH WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS.

12. Term and Termination

12.1 Term

These Terms shall remain in full force and effect while you use our Services or access our Website. Certain provisions of these Terms shall survive termination, including without limitation, intellectual property rights, disclaimers, limitation of liability, indemnification, and dispute resolution provisions.

12.2 Termination by You

You may cease using our Services at any time without notice. If you have created an account, you may request deletion of your account by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination, including outstanding payment obligations.

12.3 Termination by Us

We reserve the right, at our sole discretion, to suspend, restrict, or terminate your access to any or all of our Services, with or without notice, for any reason or no reason, including but not limited to:

• Violation of these Terms or any applicable law;
• Fraudulent, deceptive, or abusive behavior;
• Failure to pay for orders or services;
• Conduct that harms or threatens to harm us, our employees, other customers, or third parties;
• At our business discretion, including discontinuation of any Services.

12.4 Effect of Termination

Upon termination, your right to access and use our Services shall immediately cease. We shall have no liability to you for any termination of your access. Any provisions of these Terms that by their nature should survive termination shall continue to apply.

13. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice via email, Website notification, or other means.

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

We may also revise, update, or discontinue any aspect of our Services, including menu offerings, pricing, features, and service availability, at any time without notice or liability to you.

14. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources (including delivery platforms, payment processors, and social media channels) that are not owned or controlled by Marcos. We provide these links for your convenience only and do not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party websites or services.

Your interactions with third-party platforms are governed by their own terms and conditions and privacy policies. We encourage you to review these third-party policies before using such platforms. We shall not be liable for any loss or damage arising from your use of third-party websites or services.

15. Privacy and Data Protection

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

To the extent applicable, we comply with the requirements of the California Consumer Privacy Act (CCPA) and its amendments under the California Privacy Rights Act (CPRA) for California residents, as well as the Federal Trade Commission Act (FTC Act) regarding unfair or deceptive practices. Residents of other states may have additional rights under applicable state privacy laws.

16. Force Majeure

We shall not be liable for any delay, failure, or inability to perform our obligations under these Terms if such delay or failure results from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, governmental action or regulation, labor disputes, supply chain disruptions, power outages, internet or communications failures, fire, flood, or other unforeseen circumstances ("Force Majeure Events").

In the event of a Force Majeure Event, we will use reasonable efforts to notify you and resume performance as soon as reasonably practicable. Our obligations under these Terms shall be suspended for the duration of the Force Majeure Event.

17. Severability

If any provision, clause, or portion of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or in conflict with any applicable law, 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 remaining provisions of these Terms shall remain in full force and effect, and the invalidity or unenforceability of any one provision shall not affect the validity or enforceability of any other provision.

The failure of Marcos to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of Marcos to be effective.

18. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific Services (such as catering agreements or promotional terms), 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 oral or written, between the parties regarding such subject matter.

No modification of these Terms shall be binding unless made in writing and duly executed by an authorized representative of Marcos. No course of dealing or performance between the parties shall be construed as modifying or altering any terms of this Agreement.

19. Electronic Communications

By using our Services or communicating with us via email, contact forms, or other electronic means, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of non-essential marketing communications at any time by following the unsubscribe instructions included in such communications or by contacting us directly. Please note that even if you opt out of marketing communications, we may still send you transactional or service-related messages.

20. Contact Information

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

We will make every reasonable effort to respond to your inquiries within a timely manner. For urgent matters related to food safety, allergic reactions, or health concerns, please contact your local emergency services or healthcare provider immediately.