Terms of Service

Please read these Terms of Service carefully before using the website marcos-cafe.click or any services offered by Marcos. By accessing or using our website, placing an order, or otherwise engaging with our 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 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 marcos-cafe.click (the "Site"), as well as all related services, features, content, and functionality offered by Marcos through the Site or otherwise in connection with our food service business.

By visiting our Site, creating an account, placing an order, subscribing to any service, or otherwise interacting with Marcos in any manner, you expressly agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue use of the Site and our services.

These Terms apply to all visitors, users, customers, and others who access or use the Site. If you are using the Site 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, in which case "you" and "your" will refer to that entity.

You must be at least 13 years of age to use this Site. If you are under the age of 18, you represent that you have obtained parental or guardian consent to use this Site and agree to these Terms. We reserve the right to request proof of age at any time.

2. Description of Services

Marcos is a food service establishment operating in the United States. Through our website, marcos-cafe.click, we offer the following services to our customers:

• Online Menu Browsing: Customers may view our current food and beverage menu, including descriptions, pricing, and availability of items.
• Online Ordering: Customers may place orders for food and beverages for pickup, dine-in, or delivery, subject to availability and our operational hours.
• Catering Inquiries: Customers may submit inquiries regarding catering services for events, gatherings, or special occasions.
• Reservations: Where available, customers may make reservations for dining at our establishment.
• Promotional Content: We may share promotions, discounts, special offers, and loyalty program information through the Site.
• Contact and Communication: Customers may reach us through the Site for questions, feedback, complaints, or general inquiries.
• Informational Content: We provide general information about our business, history, team, and values through the Site.

We reserve the right to modify, suspend, discontinue, or restrict any aspect of our services at any time, with or without notice, at our sole discretion. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation of services.

Availability of certain menu items, services, or features may vary depending on your location, time of day, and other operational factors. We do not guarantee the continuous availability of any specific product, menu item, or service feature.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of our Site and services, you agree to:

• Provide accurate, current, and complete information when placing orders, creating an account, or submitting any form on the Site.
• Maintain the confidentiality of any account credentials, including usernames and passwords, and notify us immediately of any unauthorized use of your account.
• Use the Site and services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Site and services.
• Treat our staff, representatives, and other users with respect and professionalism in all communications.
• Promptly pay for all orders and services you request through the Site.
• Notify us of any allergies, dietary restrictions, or special requirements relevant to your order, understanding that we cannot guarantee allergen-free food preparation.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities in connection with your use of our Site and services:

• Using the Site for any fraudulent, deceptive, or unlawful purpose.
• Submitting false, misleading, or inaccurate information, including but not limited to false names, addresses, or payment information.
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
• Attempting to gain unauthorized access to any portion of the Site, other user accounts, or our internal systems or networks.
• Using automated scripts, bots, scrapers, or other automated means to access, collect, or harvest data from the Site without our express written permission.
• Engaging in any activity that disrupts, interferes with, or places an unreasonable burden on the Site or its servers and networks.
• Uploading or transmitting any viruses, malware, Trojan horses, or other harmful computer code.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Site or its content for commercial purposes without our express written consent.
• Posting or transmitting any content that is defamatory, obscene, harassing, threatening, abusive, or otherwise objectionable.
• Violating the privacy rights of others, including collecting personal information about other users without their consent.
• Placing orders with no intention of completing payment or collecting the order.
• Abusing our refund, return, or promotional policies, including creating multiple accounts to exploit promotional offers.
• Circumventing or manipulating our pricing, ordering, or payment systems.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including removing the offending content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

4. Intellectual Property Rights

The Site and all of its original content, features, functionality, and design are owned by Marcos and are protected by applicable intellectual property laws, including but not limited to United States copyright law, trademark law, trade secret law, and other proprietary rights.

All trademarks, service marks, logos, trade names, and brand identities displayed on the Site, including the name "Marcos," are the exclusive property of Marcos or their respective owners. Nothing in these Terms shall be construed as granting you any license or right to use any trademark, logo, or brand name displayed on the Site without our prior written consent.

The following elements of the Site are protected by intellectual property law:

• All text, written content, articles, and descriptions on the Site.
• All photographs, images, illustrations, graphics, and visual content.
• Menu designs, layout, and formatting.
• Software, code, and technical elements underlying the Site.
• Audio and video content, if any.
• Logos, icons, and brand assets.

You may access, view, and print content from the Site solely for your personal, non-commercial use, provided that you do not modify, remove, or obscure any copyright, trademark, or other proprietary notices. Any unauthorized use, reproduction, modification, distribution, transmission, publication, or exploitation of the Site or its content is strictly prohibited and may result in civil or criminal liability.

If you believe that any content on the Site infringes your intellectual property rights, please notify us immediately at [email protected] with a detailed description of the alleged infringement, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.

5. Ordering, Pricing, and Payment Terms

5.1 Order Placement

When you place an order through our Site, you are making an offer to purchase food and beverages subject to these Terms. We reserve the right to accept or decline your order at our sole discretion. An order is confirmed only when you receive a written confirmation from us via email or through the Site.

5.2 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are inclusive of applicable food preparation costs. Prices do not include applicable taxes, delivery fees, or gratuity unless otherwise stated. We reserve the right to change menu prices at any time without prior notice. Prices displayed at the time of order confirmation are the prices you will be charged.

While we make every effort to ensure that our pricing is accurate, errors may occasionally occur. If we discover a pricing error in an order you have placed, we will notify you and give you the option to either reconfirm your order at the correct price or cancel it for a full refund.

5.3 Payment Methods

We accept payment through the methods made available on the Site at the time of your order. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided.
• The payment information you provide is accurate and complete.
• You authorize us to charge the applicable fees to your payment method.

5.4 Taxes

You are responsible for all applicable sales taxes, use taxes, and other governmental fees associated with your purchase, as required by federal, state, and local law. We will collect and remit applicable taxes in accordance with the laws of the applicable jurisdiction.

5.5 Refunds and Cancellations

Refund and cancellation policies for online orders are as follows:

• Orders may be cancelled within a limited window after placement, as communicated during the ordering process.
• Refunds for cancelled orders will be processed to the original payment method within a commercially reasonable timeframe.
• If you receive an incorrect or unsatisfactory order, please contact us at [email protected] within 24 hours of receipt, and we will work to resolve the issue.
• We do not guarantee refunds for orders that have been prepared and are awaiting pickup or delivery.

6. Food Allergens and Dietary Information

Marcos makes reasonable efforts to provide accurate information about the ingredients and allergens present in our menu items. However, we cannot guarantee that our food is free from any specific allergen. Our kitchen handles common allergens including but not limited to nuts, dairy, gluten, eggs, soy, shellfish, and other substances that may cause allergic reactions.

It is your responsibility to inform us of any food allergies, intolerances, or dietary restrictions prior to placing your order. Marcos shall not be liable for any adverse reactions, injuries, or damages resulting from allergen exposure. If you have severe food allergies, please contact us directly before placing your order to discuss your specific needs.

7. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or platforms, including but not limited to payment processors, delivery service providers, and social media platforms. These third-party links are provided for your convenience only. We have no control over the content, policies, or practices of any third-party websites or services and assume no responsibility for them.

Your use of any third-party website or service is governed by the terms and policies of that third party, not by these Terms. We encourage you to review the terms of service and privacy policies of any third-party websites you visit. We disclaim all liability arising from your use of or reliance on any third-party websites or services.

8. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES, CONTENT, PRODUCTS, AND OTHER MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

MARCOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
• WARRANTIES OF TITLE AND NON-INFRINGEMENT.
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR SUITABILITY OF ANY CONTENT OR INFORMATION ON THE SITE.
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, any implied warranties are limited to the shortest period permitted by applicable law.

9. Limitation of Liability

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

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES.
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE OR SERVICES.
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN.
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE.
• ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED TO OR THROUGH THE SITE.
• ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you. In such states, Marcos's liability shall be limited to the fullest extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Marcos, its officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation.
• Your access to or use of the Site or services.
• Your placement or submission of any order or other content through the Site.
• Your infringement of any intellectual property or other rights of any person or entity.
• Your breach of any representations or warranties made in these Terms.
• Any false or misleading information you provide to us.
• Any negligent, reckless, or intentional misconduct on your part.
• Any claim by a third party arising from your use of the Site or services.

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

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States of America and, to the extent applicable, the laws of the state in which Marcos is registered and operates, without regard to its conflict of law provisions.

These Terms are subject to compliance with all applicable federal laws of the United States, including but not limited to:

• The Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., governing unfair or deceptive acts or practices in commerce.
• The Electronic Communications Privacy Act (ECPA).
• The Computer Fraud and Abuse Act (CFAA).
• The CAN-SPAM Act, governing commercial email communications.
• The Americans with Disabilities Act (ADA), to the extent applicable to our digital services.
• All applicable federal food safety and labeling regulations administered by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA).

Where applicable, users in the State of California acknowledge that their rights may additionally be governed by the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as well as the California Business and Professions Code, and other state-specific consumer protection laws.

Any legal action or proceeding arising out of or relating to these Terms or your use of the Site and services that is not subject to the arbitration provisions below shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby consent to the personal jurisdiction of such courts.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution procedure, you agree to first attempt to resolve any dispute informally by contacting us at [email protected]. We will use good faith efforts to resolve the dispute within thirty (30) days of receiving your written notice. If the dispute cannot be resolved informally within that period, either party may proceed to formal dispute resolution.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes that qualify for small claims court, you and Marcos agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our services (collectively, "Disputes") shall be resolved exclusively through binding individual arbitration, rather than in court, in accordance with the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq.

The arbitration shall be conducted by a reputable arbitration organization, such as the American Arbitration Association (AAA) or JAMS, in accordance with its applicable rules. The arbitrator shall have the authority to grant any remedy or relief that would be available in a court of law. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND MARCOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, 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 a representative or class proceeding.

12.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Claims that are appropriate for small claims court may also be brought in small claims court.

13. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Site or our services. We reserve the right, in our sole discretion and without notice or liability, to:

• Terminate or suspend your access to the Site and services for any reason, including but not limited to your violation of these Terms.
• Remove or disable access to any content, feature, or functionality of the Site.
• Terminate or suspend any account associated with you.
• Discontinue the Site or any services offered through it.

Upon termination, your right to use the Site and services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property rights, disclaimers of warranty, limitation of liability, indemnification, and dispute resolution.

You may also terminate your relationship with us at any time by ceasing to use the Site and services and, if applicable, closing your account. Any outstanding payment obligations will survive such termination.

14. Changes to Terms

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

• Update the "Last Updated" date at the top of this page.
• Post the revised Terms on the Site.
• Where appropriate and required by law, provide additional notice, such as via email or a prominent notice on the Site.

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

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check this page regularly for changes.

15. Electronic Communications

By using the Site or submitting orders or inquiries, you consent to receiving electronic communications from us, including confirmations, receipts, promotional offers, and notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you have opted into marketing communications, you may opt out at any time by following the unsubscribe instructions in our emails or by contacting us at [email protected]. Please note that even if you opt out of marketing communications, we may still send you transactional communications related to your orders and account.

16. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information in accordance with applicable United States federal and state privacy laws. We encourage you to review our Privacy Policy carefully. By using the Site and services, you consent to the collection and use of your information as described in the Privacy Policy.

17. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be made enforceable, 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, and all remaining provisions shall continue in full force and effect.

The parties further agree that if any portion of these Terms is found to be void or unenforceable, the parties will negotiate in good faith to agree upon a valid and enforceable replacement provision that reflects the original intent of the severed provision to the greatest extent possible.

18. Waiver

No failure or delay by Marcos in exercising any right, power, or privilege under these Terms shall operate as a waiver of that right, power, or privilege. No waiver of any breach or default of any provision of these Terms shall be deemed a waiver of any subsequent breach or default, and shall not affect the other provisions of these Terms, which shall remain in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices, policies, or terms published by Marcos on the Site, constitute the entire agreement between you and Marcos with respect to your use of the Site and services, and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between you and Marcos relating to the subject matter herein.

20. Force Majeure

Marcos shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, governmental actions, labor disputes, supply chain disruptions, internet outages, or other events beyond Marcos's reasonable control. In such circumstances, we will make commercially reasonable efforts to resume normal operations as soon as practicable.

21. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of Marcos. Any attempted assignment in violation of this provision shall be null and void. Marcos may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or operation of law.

22. Contact Information

If you have any questions, concerns, complaints, or inquiries regarding these Terms of Service or your use of the Site and services, please contact us using the following information:

We will make every effort to respond to your inquiries within a commercially reasonable timeframe. For urgent matters, please indicate the nature and urgency of your inquiry in your communication.