Terms of Service

Effective Date: May 10, 2026  |  Last Updated: May 10, 2026

1. Acceptance of Terms

By accessing, browsing, or otherwise using marcopizza.rest (the "Site"), placing an order, creating an account, or interacting with any features or functionality of our platform, you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, our Privacy Policy, and any additional policies, guidelines, or rules posted on the Site, all of which are incorporated herein by reference.

These Terms constitute a legally binding agreement between you and Marcos. This agreement is effective as of the first date on which you access or use the Site, whichever occurs first.

If you are accessing or using the Site on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and all references to "you" shall refer to both you and such entity. If you do not have such authority, you must not use the Site.

You must be at least eighteen (18) years of age to use this Site. By using the Site, you represent and warrant that you are at least 18 years of age. We reserve the right to deny access to or use of the Site to any person or entity at our sole discretion.

2. Description of Services

Marcos operates as a food service business providing customers with the ability to browse our menu, place online orders for food and beverages, schedule pickup or delivery, make payments, and interact with our brand through the Site located at marcopizza.rest.

Our services include, but are not limited to:

• Online menu browsing and food ordering
• Delivery and/or carryout/pickup order options
• Secure online payment processing
• Account creation and management
• Loyalty programs, promotional offers, and discounts (where available)
• Customer support and communications
• Information about our locations, hours, and offerings

We reserve the right to modify, suspend, discontinue, or restrict access to any portion of our services at any time, with or without notice, and without liability to you or any third party. Menu items, pricing, availability, and delivery areas are subject to change without prior notice.

Marcos does not guarantee uninterrupted or error-free service. The Site and services are provided subject to availability, and we make no representation that any specific menu item, offer, or service will be available at any given time.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account or placing an order
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the confidentiality of your account credentials and be fully responsible for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account or any security breach
• Comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with your use of the Site
• Use the Site and services only for lawful, personal, and non-commercial purposes

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Use the Site for any fraudulent, deceptive, or unlawful purpose
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Use automated software, bots, scrapers, crawlers, or other automated means to access, scrape, or collect data from the Site without our prior written consent
• Attempt to gain unauthorized access to any portion of the Site, other accounts, or any related systems or networks
• Interfere with or disrupt the integrity or performance of the Site, servers, or networks connected to the Site
• Transmit any viruses, malware, or other malicious code intended to damage, intercept, or interfere with computer systems
• Collect or harvest personal information about other users without their consent
• Post or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable
• Engage in any activity that would violate the intellectual property rights of Marcos or any third party
• Use the Site to send unsolicited communications, spam, or chain letters
• Attempt to reverse engineer, decompile, or disassemble any software or technology underlying the Site
• Place fraudulent orders or provide false payment or personal information
• Engage in price manipulation, coupon fraud, or abuse of promotional offers
• Resell or exploit any portion of our services for commercial purposes without our express written authorization

Violation of any of the above may result in immediate termination of your access to the Site and may expose you to civil or criminal liability under applicable law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and other federal and state statutes.

4. Account Registration

Certain features of the Site may require you to register for an account. When registering, you must provide truthful and complete information. You are solely responsible for all activities conducted through your account. You must not share your login credentials with any third party. Marcos reserves the right to suspend or terminate your account at any time, with or without cause, with or without notice.

You may request deletion of your account by contacting us at [email protected]. Upon deletion, your order history and associated data will be handled in accordance with our Privacy Policy.

5. Ordering, Payments, and Pricing

5.1 Order Placement

When you place an order through the Site, you are making an offer to purchase the selected items. Marcos reserves the right to accept or decline any order at its sole discretion. An order confirmation sent to your email address does not constitute final acceptance; your order is accepted when it is prepared and dispatched or made available for pickup.

You are responsible for ensuring that all order details, including delivery address, contact information, and item selections, are accurate at the time of submission. Marcos is not responsible for errors in orders resulting from inaccurate information provided by the customer.

5.2 Pricing

All prices listed on the Site are in United States Dollars (USD) and are subject to change without notice. Applicable taxes will be calculated and displayed at checkout based on your location and the requirements of applicable federal, state, and local tax laws. Delivery fees, service charges, or other applicable fees will be disclosed prior to order confirmation.

While we endeavor to ensure accurate pricing, errors may occur. If a pricing error is discovered, we reserve the right to cancel the order and issue a full refund, or contact you to confirm whether you wish to proceed at the corrected price.

5.3 Payment Methods

We accept major credit and debit cards and such other payment methods as may be indicated on the Site from time to time. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method. All payment transactions are processed through secure, third-party payment processors. Marcos does not store full credit card numbers on its servers.

By placing an order, you authorize Marcos to charge the applicable amount, including all applicable taxes and fees, to your selected payment method. In the event of a failed payment, your order may be cancelled.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. Refunds or credits may be issued at our sole discretion in cases involving incorrect orders, missing items, or significant quality issues. Requests for refunds must be submitted promptly and in good faith. Please contact us at [email protected] to report any issues with your order.

6. Delivery and Pickup

Delivery and pickup availability, estimated times, and service areas are subject to change and may vary based on location, demand, and other factors. Estimated delivery times are approximate and not guaranteed. Marcos is not liable for delays caused by third-party delivery services, traffic, weather, or other circumstances beyond our reasonable control.

You assume responsibility for ensuring that someone is available to receive the order at the specified delivery address. In the event of a failed delivery attempt, additional fees or charges may apply.

7. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, data compilations, software, and the overall "look and feel" of the Site (collectively, "Content"), is the exclusive property of Marcos or its licensors and is protected by applicable intellectual property laws, including but not limited to the United States Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and other proprietary rights.

The Marcos name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Marcos or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial purposes in connection with our services. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works of any Content
• Use any Content for commercial purposes without express written permission
• Remove or alter any copyright, trademark, or other proprietary notices
• Use data mining, scraping, or similar data gathering tools on the Site

Any unauthorized use of the Content may violate copyright laws, trademark laws, and other applicable regulations and could result in civil or criminal penalties. We reserve all rights not expressly granted in these Terms.

If you believe that any content on the Site infringes your copyright, please notify us in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, by contacting us at [email protected].

8. Disclaimers and Limitation of Liability

8.1 Disclaimer of Warranties

We do not warrant that:

• The Site will be available at all times or will be uninterrupted, error-free, or free of viruses or other harmful components
• The results obtained from the use of the Site will be accurate or reliable
• Any errors on the Site will be corrected
• The quality of any products, services, information, or other material obtained through the Site will meet your expectations

Food products may contain allergens including but not limited to gluten, dairy, nuts, eggs, soy, shellfish, and other common allergens. It is the customer's responsibility to review ingredient and allergen information before placing an order. Marcos makes no warranty regarding the complete absence of allergens in any menu item.

8.2 Limitation of Liability

To the extent permitted by law, Marcos's total cumulative liability to you for any claims arising out of or relating to these Terms or your use of the Site and services shall not exceed the greater of: (i) the total amount paid by you to Marcos in the twelve (12) months preceding the event giving rise to the claim, or (ii) One Hundred United States Dollars ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for certain types of damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Marcos and its officers, directors, employees, agents, contractors, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or in any way related to:

• Your access to or use of the Site or services
• Your violation of these Terms
• Your violation of any applicable federal, state, or local law or regulation
• Your infringement of any intellectual property or other rights of any third party
• Any content you submit, post, or transmit through the Site
• Your fraud, willful misconduct, or negligence

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

10. Third-Party Links and Services

The Site may contain links to third-party websites, platforms, or services that are not owned or controlled by Marcos. These links are provided for informational purposes only. Marcos has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Marcos shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of any third-party website or service.

We strongly encourage you to review the terms of service and privacy policies of any third-party websites or services that you visit. The inclusion of any third-party link on the Site does not imply endorsement by Marcos of such website or service.

11. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, store, and share your personal information. By using the Site, you consent to the practices described in our Privacy Policy. To the extent applicable, our practices are consistent with the requirements of the Federal Trade Commission Act (15 U.S.C. § 45) and, where applicable, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), as well as other applicable state privacy laws.

12. Governing Law and Jurisdiction

These Terms 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 Marcos's principal place of business, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site or services shall be subject to the exclusive jurisdiction of the state and federal courts located in the United States.

You hereby irrevocably consent to personal jurisdiction in such courts and waive any objection to the laying of venue of any such proceeding in such courts. You also waive any objection that such courts are an inconvenient forum.

Nothing in this Section shall limit the right of Marcos to seek injunctive or other equitable relief in any court of competent jurisdiction where necessary to protect its intellectual property rights or other proprietary interests.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal action, you agree to first contact Marcos at [email protected] to attempt to resolve any dispute, claim, or controversy informally. We will make a good-faith effort to resolve the matter within thirty (30) days of receipt of your written notice. If the dispute is not resolved within that period, either party may proceed in accordance with the provisions below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS SET FORTH BELOW, ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITE OR SERVICES, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND MARCOS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.

The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) Commercial Arbitration Rules or Consumer Arbitration Rules, as applicable, and shall take place in the United States. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement.

The arbitrator shall have the authority to grant any remedy that would otherwise be available in court, but shall not have authority to award relief to, or against, any person or entity not a party to the arbitration. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

13.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information. Small claims court actions may also be brought if all requirements for small claims court are met.

14. Term and Termination

14.1 Term

These Terms shall remain in full force and effect for as long as you access or use the Site or any of our services.

14.2 Termination by You

You may cease using the Site and services at any time. If you have a registered account, you may request deletion of your account by contacting us at [email protected].

14.3 Termination by Marcos

Marcos reserves the right, in its sole discretion, to suspend or terminate your access to the Site and services at any time and for any reason, with or without notice, including but not limited to your violation of these Terms, fraudulent activity, abusive behavior, or any conduct that we determine to be harmful to other users, third parties, or our business interests.

14.4 Effect of Termination

Upon termination for any reason:

• Your license to use the Site and services shall immediately terminate
• You must immediately cease all use of the Site and Content
• Any outstanding obligations, including payment obligations, shall survive termination
• Sections 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, dispute resolution, and governing law provisions

15. Changes to These Terms

Marcos reserves the right to modify, update, or revise these Terms at any time in its 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 such as a prominent announcement on the Site or notification by email.

Your continued use of the Site or services after any such changes become effective constitutes your acceptance of the revised Terms. If you do not agree with any modified Terms, your sole remedy is to discontinue use of the Site and services. We encourage you to review these Terms periodically to stay informed of any updates.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, such 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. The invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

The parties agree that any illegal or unenforceable provision shall be replaced with a valid, enforceable provision that most closely achieves the original intent and economic effect of the provision being replaced.

17. Waiver

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 shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. A waiver by Marcos of any default shall not constitute a waiver of any subsequent default.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, policies, or guidelines 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 understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

In the event of any conflict between these Terms and any other agreement you may have with Marcos, these Terms shall control unless such other agreement expressly states otherwise and is signed by an authorized representative of Marcos.

19. Force Majeure

Marcos shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, governmental actions, labor disputes, telecommunications failures, power outages, or other force majeure events. In such circumstances, Marcos will make reasonable efforts to notify affected customers and resume services as quickly as practicable.

20. Electronic Communications and Notices

By using the Site or creating an account, you consent to receive communications from Marcos electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Marcos provides to you electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law.

Notices to Marcos must be sent in writing to the contact information provided in the "Contact Information" section below. Notices to you will be sent to the email address associated with your account or posted on the Site.

21. Assignment

You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without Marcos's prior written consent. Any attempted assignment without such consent shall be null and void. Marcos may freely assign or transfer these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

22. Feedback and Submissions

If you provide Marcos with any feedback, suggestions, reviews, comments, ideas, or other submissions regarding the Site or our services (collectively, "Feedback"), you hereby grant Marcos a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, distribute, create derivative works of, and otherwise exploit such Feedback for any purpose without compensation to you. You represent and warrant that your Feedback does not infringe any third-party intellectual property rights.

23. Applicable Laws and Regulatory Compliance

These Terms are governed by and shall be construed in accordance with the applicable laws of the United States, including but not limited to:

24. Contact Information

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