Terms of Service

Effective Date: June 19, 2026  |  Last Updated: June 19, 2026

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 cafemarcos.click (the "Website"), as well as any related services, applications, content, and functionality offered by Marcos (collectively, the "Services").

By visiting our Website, creating an account, placing an order, subscribing to our newsletter, or otherwise engaging with our Services in any capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes.

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 such cases, "you" and "your" shall refer to that entity.

You must be at least eighteen (18) years of age to use our Services. By using the Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are under 18 years of age, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Marcos is a food service establishment that provides customers with a variety of culinary offerings, including but not limited to:

• Prepared meals, beverages, snacks, and other food and drink items available for dine-in, takeout, and/or delivery;
• Online ordering functionality through the Website, allowing customers to browse menus, customize orders, and submit payment for food products;
• Information about our menu offerings, hours of operation, location, and special promotions;
• Loyalty programs, promotional offers, gift cards, and coupon services (where available);
• Catering services for events, gatherings, or bulk food orders (where applicable);
• Customer support and communication services, including contact forms and email correspondence;
• Newsletter subscriptions and marketing communications (subject to your opt-in consent).

We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict any aspect of our Services at any time, with or without prior notice, and without liability to you or any third party. We do not guarantee the availability of any specific product, menu item, or Service at any given time. Menu items, prices, and availability are subject to change without notice.

Marcos operates in compliance with all applicable federal, state, and local food safety regulations, including but not limited to the Food Safety Modernization Act (FSMA), FDA regulations, and any applicable state or local health codes. However, customers are responsible for informing us of any food allergies or dietary restrictions prior to placing an order, as we cannot guarantee the absence of allergens in our food preparation environment.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Website and Services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or interacting with the Website;
• Maintain the security and confidentiality of your account credentials and promptly notify us of any unauthorized use of your account;
• Update your account information as needed to keep it accurate and current;
• Comply with all applicable federal, state, and local laws and regulations when using our Services;
• Use the Services solely for lawful, personal, or non-commercial purposes, unless expressly authorized by us in writing;
• Respect the intellectual property rights of Marcos and third parties;
• Notify us of any known or suspected security breaches or unauthorized access to your account.

3.2 Prohibited Activities

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

• Fraudulent Activity: Using false identities, payment information, or fraudulent methods to place orders or otherwise interact with the Services;
• Unauthorized Access: Attempting to access, probe, scan, or test the vulnerability of our systems, networks, or accounts without authorization;
• Data Harvesting: Using automated bots, scrapers, crawlers, or other tools to collect data from our Website without our express written consent;
• Malicious Code: Uploading, transmitting, or distributing viruses, malware, ransomware, spyware, or any other harmful or disruptive code;
• Interference: Interfering with or disrupting the integrity or performance of the Website, its servers, or any connected networks;
• Spamming: Sending unsolicited commercial communications, spam, or chain letters through our Website or contact channels;
• Impersonation: Impersonating any person, business, or entity, including Marcos employees, representatives, or other users;
• Illegal Conduct: Engaging in any activity that violates any applicable federal, state, or local law, including but not limited to consumer protection laws, data privacy laws, or intellectual property laws;
• Misuse of Content: Reproducing, copying, modifying, distributing, or creating derivative works from any content on the Website without our prior written permission;
• Abusive Conduct: Harassing, threatening, or abusing our staff, representatives, or other users in any manner.

We reserve the right to investigate any violations of these Terms and to take appropriate legal action, including reporting violations to law enforcement authorities, terminating your access to the Services, and seeking injunctive or other equitable relief.

4. Intellectual Property Rights

All content, materials, and elements available on or through the Website, including but not limited to text, graphics, logos, icons, photographs, images, audio clips, video clips, data compilations, software, and the overall design and layout of the Website (collectively, "Content"), are the exclusive property of Marcos or its licensors and are 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 laws.

The Marcos name, logo, and all related trade names, trademarks, service marks, and trade dress are the exclusive property of Marcos. You are strictly prohibited from using any Marcos trademarks, service marks, or logos without our prior written consent.

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

• Reproduce, modify, distribute, publicly display, or create derivative works from any Content;
• Use any data mining, robots, or similar data gathering and extraction methods;
• Download or copy Content for the benefit of any other merchant or entity;
• Use the Website or its Content for any commercial purpose without our prior written consent.

Any feedback, suggestions, ideas, or other information you provide to us regarding the Website or Services ("Feedback") shall be deemed non-confidential and non-proprietary. By submitting Feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and exploit such Feedback in any manner we deem appropriate, without compensation to you.

5. Online Ordering and Payment Terms

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected food items at the stated price. We reserve the right to accept or decline any order at our sole discretion. An order confirmation sent to you via email or displayed on the Website constitutes our acceptance of your order.

All prices displayed on the Website are in United States Dollars (USD) and are subject to applicable state and local sales taxes. Menu prices and availability are subject to change without prior notice. We strive to ensure the accuracy of all pricing and product information; however, in the event of a pricing error, we reserve the right to cancel your order and notify you of such cancellation.

5.2 Payment

We accept various forms of payment as displayed on the Website at the time of checkout, which may include major credit cards, debit cards, and other approved payment methods. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information is accurate and complete;
• You will pay all charges incurred through your account, including applicable taxes and fees.

All payment transactions are processed through secure, third-party payment processors. We do not store your full credit card information on our servers. By using our online ordering system, you also agree to the terms and conditions of our third-party payment processor(s).

5.3 Cancellations and Refunds

Due to the perishable nature of food products, cancellations and refunds are subject to limitations. Once an order has been confirmed and preparation has begun, cancellations may not be accepted. If you believe there is an issue with your order, please contact us immediately at [email protected]. Refunds or replacements may be issued at our sole discretion in the event of an error or quality issue with your order.

5.4 Promotions and Discounts

From time to time, we may offer promotional discounts, coupon codes, or loyalty rewards. Promotional offers are subject to specific terms and conditions communicated at the time of the promotion and may be limited in duration or availability. We reserve the right to modify or terminate any promotion at any time without prior notice.

6. Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, or services that are not owned or controlled by Marcos. These links are provided for your convenience and informational purposes only. 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 endorse or make any representations about third-party websites or services. We strongly advise you to review the terms and privacy policies of any third-party websites you visit. Your interactions with third-party websites are solely between you and such third parties, and Marcos shall not be liable for any loss or damage you may suffer as a result of those interactions.

7. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL 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, 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;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.

MARCOS MAKES NO WARRANTY THAT FOOD ITEMS WILL MEET YOUR SPECIFIC DIETARY REQUIREMENTS OR THAT ALL ALLERGEN INFORMATION WILL BE COMPLETE AND ACCURATE. IT IS YOUR RESPONSIBILITY TO INFORM US OF ANY FOOD ALLERGIES OR DIETARY RESTRICTIONS AND TO EXERCISE INDEPENDENT JUDGMENT REGARDING THE SUITABILITY OF ANY FOOD PRODUCT FOR YOUR CONSUMPTION.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, any implied warranties are limited to the minimum scope and duration required by applicable law.

8. Limitation of Liability

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

• LOSS OF PROFITS, REVENUE, OR ANTICIPATED SAVINGS;
• LOSS OF DATA OR GOODWILL;
• BUSINESS INTERRUPTION;
• COST OF SUBSTITUTE GOODS OR SERVICES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES;

EVEN IF MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

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

The limitations of liability set forth in this section reflect a fair allocation of risk between you and Marcos, form an essential basis of the bargain between the parties, and shall apply notwithstanding any failure of essential purpose of any limited remedy.

9. Indemnification

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

• Your use of or access to the Website or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property right, privacy right, or consumer protection right;
• Any content, information, or materials you submit, post, or transmit through the Website;
• Your negligence, willful misconduct, or fraudulent actions;
• Any dispute between you and a third party related to your use of the Services.

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

10. 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 laws of the State applicable to your jurisdiction, without regard to conflict of law principles. Specifically, to the extent applicable, these Terms are subject to:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.) for consumer protection matters;
• The Electronic Communications Privacy Act (ECPA) and other applicable federal digital commerce laws;
• The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, for matters relating to unauthorized computer access;
• Applicable state consumer protection statutes and food safety regulations.

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 mandatory arbitration (as described in Section 11) shall be instituted exclusively in the federal or state courts located in the United States, and you hereby irrevocably submit to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue in such courts.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Marcos at [email protected] and provide a written description of your dispute, the relief you seek, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute is not resolved within that period, either party may proceed with formal dispute resolution as set forth below.

11.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES MANDATORY ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS.

Except for disputes that qualify for small claims court and except as otherwise provided in these Terms, any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Services, or any products or services provided by Marcos shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

The arbitration shall take place in the United States, at a location mutually agreed upon by the parties, or via telephone or video conference. The arbitrator shall have the authority to award any remedy available at law or in equity, subject to the limitations set forth in these Terms.

11.3 Class Action Waiver

YOU AND MARCOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

12. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Website or Services. We reserve the right to suspend or terminate your access to the Website and Services, in whole or in part, at any time and for any reason, with or without notice, including but not limited to:

• Your violation of any provision of these Terms;
• Your engagement in fraudulent, abusive, or unlawful conduct;
• Requests by law enforcement or government authorities;
• Technical or security issues;
• Extended periods of inactivity on your account;
• Discontinuation of our Services, in whole or in part.

Upon termination of your access to the Services:

• The license granted to you under these Terms shall immediately terminate;
• You must immediately cease all use of the Website and Services;
• Any pending orders may be cancelled, and refunds may be issued at our discretion;
• Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, and dispute resolution provisions.

You may terminate your use of the Services at any time by ceasing to use the Website and, if applicable, deleting your account. Termination of your account does not relieve you of any obligations incurred prior to termination.

13. Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will notify you by:

• Updating the "Last Updated" date at the top of this page;
• Posting a prominent notice on our Website; and/or
• Sending an email notification to the address associated with your account (if applicable).

Your continued use of the Website or Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must immediately stop using the Website and Services. We encourage you to review these Terms periodically to stay informed of any updates.

Notwithstanding the foregoing, no changes to these Terms will apply retroactively to any dispute that arose before the effective date of such changes.

14. Severability

If any provision of these Terms is found to be invalid, illegal, unenforceable, or in conflict with any applicable law by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, or if it cannot be enforced, it shall be deemed severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall be construed and enforced as if the invalid, illegal, or unenforceable provision had never been included.

The parties agree that in such event, they shall use commercially reasonable efforts to replace the invalid, illegal, or unenforceable provision with a valid and enforceable provision that achieves, to the greatest extent possible, the same commercial and economic outcome and intent as the original provision.

15. Waiver

No failure or delay by Marcos in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise of such right or the exercise of any other right, power, or remedy. A waiver by Marcos of any breach or default of any provision of these Terms shall not be deemed a waiver of any subsequent breach or default.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or additional terms and conditions posted on the Website, constitute the entire agreement between you and Marcos with respect to your use of the Website and Services. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter hereof.

If there is any conflict between these Terms and any other agreement you have entered into with Marcos, these Terms shall control unless the other agreement expressly states otherwise and is signed by an authorized representative of Marcos.

17. Force Majeure

Marcos shall not be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, government actions or regulations, war, civil unrest, terrorism, labor disputes, utility failures, telecommunications outages, or third-party service provider failures.

18. Contact Information

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

We will make reasonable efforts to respond to your inquiries within five (5) to ten (10) business days. For urgent matters related to food safety, order issues, or security concerns, we encourage you to contact us directly via email for the fastest response.

These Terms of Service were last updated on June 19, 2026, and are effective as of that date.