Terms of Service

Effective Date: May 15, 2026  |  Last Updated: May 15, 2026

1. Acceptance of Terms

Welcome to Marcos Pizza ("Marcos," "we," "us," or "our"). These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," or "you") and Marcos, governing your access to and use of the website located at marcos-pizza.digital (the "Website"), as well as all related content, features, functionality, and services offered through the Website (collectively, the "Services").

By visiting, browsing, registering an account, placing an order, or otherwise interacting with our Website or Services, 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. If you are accessing or using our Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms "you" and "your" refer to that entity.

These Terms apply to all visitors, users, customers, and others who access or use our Website. Your continued use of our Services after any modifications to these Terms constitutes your acceptance of the revised Terms.

You must be at least 13 years of age to use our Website. If you are under 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We do not knowingly collect or solicit personal information from individuals under the age of 13 in compliance with applicable federal laws, including the Children's Online Privacy Protection Act (COPPA).

2. Description of Services

Marcos is a food service business that provides customers with the ability to browse our menu, place online food orders, schedule pickup or delivery, view promotions and special offers, manage loyalty rewards (if applicable), and communicate with our team through our Website and associated digital platforms.

Our Services include, but are not limited to:

• Online Ordering: The ability to place orders for food and beverages through our Website for in-store pickup or delivery, subject to availability and geographic restrictions.
• Menu Information: Access to our current menu offerings, including descriptions, pricing, allergen information, and nutritional data where available.
• Account Management: The ability to create and manage a personal account, save order preferences, view order history, and manage payment methods.
• Promotions and Special Offers: Access to current deals, discounts, coupons, and loyalty rewards programs.
• Customer Support: Communication channels including email and other digital tools for addressing customer inquiries and resolving issues.
• Informational Content: General information about Marcos, our locations, hours of operation, and brand story.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services. Menu items, pricing, and availability are subject to change without prior notice and may vary by location.

Delivery services, where available, may be fulfilled by Marcos directly or through third-party delivery partners. When third-party services are used, their own terms of service and policies may apply to certain aspects of your transaction. We encourage you to review those terms when applicable.

3. User Accounts and Registration

To access certain features of our Website, including placing orders, saving favorites, and managing preferences, you may be required to create a user account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your login credentials, including your password;
• Accept responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account at our sole discretion if we determine that you have violated these Terms, provided false or misleading information, engaged in fraudulent activities, or for any other reason we deem necessary to protect the integrity of our Services and the safety of our users and staff.

You may not create more than one personal account, transfer your account to another individual, or use another person's account without their express permission.

4. User Obligations and Prohibited Activities

By using our Website and Services, you agree to comply with all applicable local, state, and federal laws and regulations of the United States. You further agree to use our Services only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict their use and enjoyment of our Services.

4.1 General Obligations

You agree to:

• Use our Services solely for personal, non-commercial purposes unless you have obtained our express written consent for commercial use;
• Provide accurate information when placing orders, including delivery addresses and contact details;
• Pay all charges associated with your orders in a timely manner;
• Comply with all posted instructions and guidelines on our Website;
• Treat Marcos staff and customer service representatives with respect in all communications.

4.2 Prohibited Activities

You are expressly prohibited from engaging in any of the following activities:

• Using our Website for any unlawful, harmful, fraudulent, deceptive, or abusive purpose;
• Placing orders with fraudulent payment information or with the intent to dispute legitimate charges;
• Attempting to gain unauthorized access to any portion of the Website, our servers, or any connected systems;
• Transmitting any viruses, malware, spyware, or other malicious or harmful code through our Website;
• Engaging in data mining, scraping, crawling, or any automated data collection without our express written consent;
• Using our Website to send unsolicited communications (spam) or to collect user information for such purposes;
• Impersonating any person or entity, including Marcos employees or representatives;
• Interfering with or disrupting the integrity or performance of our Website or Services;
• Attempting to reverse engineer, decompile, or disassemble any software contained on the Website;
• Reproducing, duplicating, copying, selling, or exploiting any portion of the Website for commercial purposes without our prior written consent;
• Harassing, threatening, or intimidating any Marcos employees, delivery partners, or other users;
• Submitting false, misleading, or defamatory reviews or feedback;
• Using our promotional codes, coupons, or loyalty rewards in a manner that violates their stated terms or involves abuse, duplication, or fraud.

Violation of any of these prohibitions may result in the immediate suspension or termination of your account, cancellation of pending orders, and potential legal action where warranted by applicable law, including the Computer Fraud and Abuse Act (CFAA) and the Electronic Communications Privacy Act (ECPA).

5. Ordering, Payment, and Pricing

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected items at the listed price. Your order is not confirmed until you receive an order confirmation from us via email or through the Website interface. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, pricing errors, suspected fraud, or capacity limitations.

All orders are subject to availability. In the event that an item you ordered is unavailable, we will make reasonable efforts to notify you promptly and offer you a suitable alternative or a full refund.

5.2 Pricing and Fees

All prices displayed on our Website are in United States Dollars (USD) and are subject to applicable sales taxes as required by federal, state, and local tax laws. Prices may vary by location and are subject to change without prior notice. Any delivery fees, service charges, or additional fees will be clearly disclosed before you complete your order.

We make every effort to ensure that pricing on our Website is accurate. However, in the event of a pricing error, we reserve the right to cancel orders placed at the incorrect price and will notify you promptly and issue a full refund if payment has been collected.

5.3 Payment Terms

We accept major credit cards, debit cards, and other payment methods as indicated on our Website at the time of purchase. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees.

All payment transactions are processed through secure third-party payment processors. We do not store your full payment card information on our servers. Your use of third-party payment services is subject to their respective terms and privacy policies.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you have a concern about the quality of your order or believe there has been an error, please contact us at [email protected] within 24 hours of receiving your order. We will review your concern and, at our sole discretion, may offer a replacement, store credit, or refund as appropriate. Cancellation requests must be submitted before food preparation has begun.

6. Intellectual Property Rights

All content available through our Website and Services, including but not limited to text, graphics, logos, images, icons, audio clips, video clips, digital downloads, data compilations, software, and the overall design and compilation of the Website (collectively, "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 or proprietary rights laws.

The Marcos name, logo, and all related names, logos, product and service names, designs, slogans, and trade dress are trademarks of Marcos or its affiliates. You may not use these 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.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for personal, non-commercial purposes as contemplated by these Terms. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works of any Content;
• Use our Content for any commercial purpose without prior written authorization;
• Remove or alter any copyright, trademark, or other proprietary rights notices from any Content;
• Frame or mirror any Content on another website without our express written consent.

Any unauthorized use of our intellectual property terminates the license granted herein and may violate copyright, trademark, and other applicable laws, potentially resulting in civil and criminal liability under applicable U.S. law, including the Digital Millennium Copyright Act (DMCA).

If you believe that any Content on our Website infringes upon your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement in accordance with the requirements of the DMCA.

7. Disclaimers and "As-Is" Basis

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Marcos does not warrant that:

• The Website will be uninterrupted, timely, secure, or error-free;
• The results obtained from the use of the Website will be accurate, reliable, or meet your expectations;
• Any errors in the Website will be corrected;
• The Website or its servers are free of viruses or other harmful components;
• Menu item descriptions, images, pricing, or availability information on the Website are always accurate, complete, or current.

We make no warranties regarding the quality, safety, or suitability of our food products for individuals with specific dietary restrictions, allergies, or medical conditions beyond the allergen information we provide. Customers with severe food allergies are advised to contact us directly before ordering, as we cannot guarantee that our kitchen environments are entirely free from cross-contamination with allergens including but not limited to gluten, dairy, nuts, shellfish, and other common allergens.

Any material downloaded or otherwise obtained through the use of our Website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from such download.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARCOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of, or inability to use, our Website or Services;
• Any unauthorized access to or alteration of your transmissions or data;
• Any errors, inaccuracies, or omissions in our menu, pricing, or promotional content;
• Any food allergic reactions or adverse health effects from consuming our products;
• Delays or failures in delivery services;
• Any conduct or content of any third party on the Website;
• Any other matter related to our Services.

EVEN IF MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL MARCOS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some states do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by applicable state law.

9. Indemnification

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

• Your violation of these Terms of Service;
• Your use or misuse of our Website or Services;
• Your violation of any applicable laws, rules, or regulations;
• Your infringement of any intellectual property or other rights of any third party;
• Any content you submit, post, or transmit through our Website;
• Your fraud, willful misconduct, or negligence;
• Any claims brought by third parties arising from your actions in connection with our Services.

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

10. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, 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, 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 review the privacy policies and terms of service of any third-party websites you visit. Your interactions with third-party websites and services are solely between you and those third parties, and Marcos shall have no liability or responsibility for any loss or damage you may incur as a result of such interactions.

Third-party delivery partners, payment processors, and technology service providers used in connection with our Services are independent contractors, not agents or employees of Marcos. Their actions and any disputes arising from their services are subject to their own terms and policies.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the data practices described in our Privacy Policy.

We comply with applicable United States federal and state privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, as well as other applicable state privacy regulations. We also adhere to the standards established by the Federal Trade Commission (FTC) under the FTC Act regarding unfair or deceptive acts or practices relating to data collection and privacy.

For any privacy-related inquiries or requests, please contact us at [email protected].

12. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms or your use of our Website and Services shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Marcos operates, without regard to any conflict of law principles that would require the application of another jurisdiction's laws.

Subject to the dispute resolution provisions set forth below, you agree that any legal action or proceeding arising out of or relating to these Terms or our Services shall be brought exclusively in the federal or state courts of competent jurisdiction within the United States. You hereby consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

We comply with all applicable federal consumer protection laws, including the FTC Act (15 U.S.C. § 45 et seq.), which prohibits unfair or deceptive acts or practices in commerce, as well as applicable food safety regulations enforced by the U.S. Food and Drug Administration (FDA) and relevant state and local health departments.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to contact Marcos first and attempt to resolve any dispute informally by contacting us at [email protected]. We will make good faith efforts to resolve the dispute within thirty (30) days of receiving your written notification. If we are unable to resolve the dispute informally within that period, either party may proceed to formal dispute resolution as described below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, YOU AND MARCOS AGREE THAT ALL DISPUTES BETWEEN YOU AND MARCOS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU AND MARCOS ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of our Services (collectively, "Disputes"), that cannot be resolved informally as described above, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall take place in the United States, and the arbitrator's decision shall be final and binding, subject to limited review by a court of competent jurisdiction as permitted by the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq.

The following types of disputes are excluded from binding arbitration and may be brought in a court of competent jurisdiction: (a) claims to protect or enforce intellectual property rights; (b) claims related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) small claims court matters where the amount in dispute falls within the jurisdictional limits of the applicable small claims court; and (d) any claims where injunctive relief is sought.

13.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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 OR REPRESENTATIVE PROCEEDING. Unless both you and Marcos agree otherwise, 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.

13.4 Time Limitation on Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO BRING A CLAIM WITHIN THIS PERIOD WILL PERMANENTLY EXTINGUISH YOUR CLAIM.

14. Term and Termination

These Terms of Service are effective as of the date you first access or use our Website and shall remain in full force and effect for as long as you continue to use our Services, unless earlier terminated in accordance with these Terms.

We reserve the right, in our sole and absolute discretion, to suspend or terminate your access to all or any part of our Website and Services, with or without notice and with or without cause, including but not limited to situations where we reasonably believe that you have violated these Terms, engaged in fraudulent or abusive behavior, or caused harm to us, our users, or third parties.

You may terminate your use of our Services at any time by discontinuing use of the Website and, if applicable, closing your account by contacting us at [email protected].

Upon termination, all rights and licenses granted to you under these Terms will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.

Any outstanding payment obligations incurred prior to termination shall remain in effect and must be fulfilled.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify, amend, update, or replace any part of these Terms of Service at any time. When we make changes, we will update the "Last Updated" date at the top of this page. In the event of material changes, we will make reasonable efforts to notify you by posting a prominent notice on our Website, sending an email to the address associated with your account, or through other communication methods we deem appropriate.

Your continued use of our Website or Services after any changes to these Terms become effective constitutes your acceptance of the new Terms. We encourage you to periodically review these Terms to stay informed about any updates. If you do not agree to the revised Terms, you must discontinue your use of our Services immediately.

Changes to these Terms will not apply retroactively and will not affect any disputes that arose before the effective date of the change.

16. Severability

If any provision of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or contrary to applicable law, that provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, it shall be severed from these Terms. In either case, the invalidity or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.

The parties agree that the court or arbitrator shall have the authority to modify any invalid provision to the extent necessary to make it enforceable, consistent with the original intent of the parties as reflected in these Terms.

17. Entire Agreement and Waiver

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

No failure or delay by Marcos in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege by Marcos shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. Any waiver of any provision of these Terms by Marcos shall be effective only if in writing and signed by an authorized representative of Marcos.

18. Force Majeure

Marcos shall not be liable for any delay, failure, or interruption in the performance of our obligations under these Terms that is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, fires, floods, earthquakes, epidemics, pandemics, war, terrorism, riots, labor disputes, government actions, power failures, telecommunications failures, internet outages, or supply chain disruptions. In such events, our obligations will be suspended for the duration of the force majeure event, and we will make reasonable efforts to resume normal operations as quickly as possible.

19. Accessibility

Marcos is committed to ensuring that our Website and Services are accessible to individuals with disabilities in accordance with applicable law, including the Americans with Disabilities Act (ADA). If you experience any difficulty accessing our Website or Services due to a disability, please contact us at [email protected] so that we may assist you and work to improve the accessibility of our digital offerings.

20. Electronic Communications

By using our Website or Services, you consent to receive electronic communications from us. We may communicate with you via email or by posting notices on our Website. 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, to the extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq.

21. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to contact us for any reason related to our Website or Services, please reach out to us using the information below:

We will make every effort to respond to your inquiry within a reasonable timeframe. For urgent matters relating to food safety or order issues, please contact us directly via email for the fastest response.

These Terms of Service were last updated on May 15, 2026. © 2026 Marcos Pizza. All rights reserved.