Terms of Service

Please read these Terms of Service carefully before using the website pizzamarcos.digital or any services offered by Marcos. By accessing or using our website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the website located at pizzamarcos.digital (the "Website"), placing an order, or using any services provided by Marcos ("Company," "we," "us," or "our"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and any other policies incorporated herein by reference.

These Terms constitute a legally binding agreement between you and Marcos. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes. If you are using the Website on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

You must be at least eighteen (18) years of age to use this Website or place orders for our food products and services. By using this Website, you represent and warrant that you are at least 18 years of age and that you have the legal capacity to enter into this agreement.

2. Description of Services

Marcos operates as a food service business providing customers with the ability to browse our menu, place orders for food and beverages, and arrange for delivery or pickup services through our Website at pizzamarcos.digital. Our services include, but are not limited to:

• Online ordering for pizza, food, and beverages available on our menu
• Delivery services to applicable service areas
• In-store or curbside pickup options
• Account creation and management for repeat customers
• Promotions, loyalty programs, and special offers as announced from time to time
• Customer support services via phone and email
• Any additional services we may introduce in the future

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, prices, availability, and service areas are subject to change at any time without prior notice. Marcos does not guarantee that any specific menu item will be available at any given time. In the event that a menu item you have ordered becomes unavailable, we will notify you and offer a suitable alternative or a full refund for the unavailable item.

3. User Accounts and Registration

To access certain features of our Website, including placing orders and participating in loyalty programs, you may be required to create a user account. When creating an account, you agree to:

• Provide accurate, current, and complete information as prompted by the registration form
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Maintain the security and confidentiality of your password and account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately at [email protected] of 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, without notice, if we believe that you have violated these Terms or if your account has been compromised. You may not transfer or assign your account to any third party without our prior written consent.

4. User Obligations and Prohibited Activities

As a condition of your use of our Website and services, you agree to use the Website and services only for lawful purposes and in a manner consistent with these Terms. You agree that you will not engage in any of the following prohibited activities:

4.1 General Prohibitions

• Violate any applicable federal, state, or local laws, regulations, or ordinances
• Infringe upon the intellectual property rights, privacy rights, or other rights of Marcos or any third party
• Use the Website for any fraudulent, deceptive, or misleading purpose
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Submit false or misleading information when placing orders or creating an account
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website

4.2 Technical Prohibitions

• Use any automated system, robot, spider, or scraper to access the Website without our prior written consent
• Attempt to gain unauthorized access to any portion of the Website, server, or network connected to the Website
• Transmit any viruses, worms, malware, or any other harmful or destructive code
• Engage in any activity that could damage, disable, overburden, or impair the Website or our servers
• Attempt to decipher, decompile, disassemble, or reverse engineer any software comprising or making up the Website
• Bypass, circumvent, or attempt to circumvent any security measures or access controls on the Website
• Use the Website to send unsolicited commercial communications (spam)

4.3 Content Prohibitions

• Post, submit, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Upload or transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights
• Post any false or misleading reviews, ratings, or testimonials about Marcos or our products and services

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

5. Ordering, Payment Terms, 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 prices listed. Your order is not confirmed until you receive an order confirmation via email or on-screen notification. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to situations involving errors in pricing, product availability issues, or suspected fraud.

5.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices listed are exclusive of applicable taxes and delivery fees, which will be clearly disclosed prior to the completion of your order. We make every effort to ensure that prices displayed are accurate; however, in the event of a pricing error, we reserve the right to cancel orders placed at an incorrect price and will notify you promptly.

5.3 Payment

We accept payment through the methods displayed on our Website at the time of checkout, which may include major credit cards, debit cards, and other electronic payment methods. By submitting your 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 amount to your payment method

All payment transactions are processed through secure third-party payment processors. Marcos does not store your full credit card or payment information on our servers. Payment processing is subject to the terms and conditions of our third-party payment processors.

5.4 Taxes

You are responsible for paying all applicable taxes associated with your purchase. Applicable sales tax will be calculated and added to your order total at checkout in accordance with applicable federal, state, and local tax laws.

5.5 Refunds and Cancellations

If you wish to cancel an order, please contact us as soon as possible at [email protected]. Once an order has been prepared or is in the process of delivery, cancellation may not be possible. Refunds will be issued at our sole discretion and in accordance with our Refund Policy, which is incorporated herein by reference. In the event that you receive a defective or incorrect order, please contact us within 24 hours of receipt so that we may address the issue promptly.

6. Delivery Services

Delivery services are available within designated service areas as determined by Marcos from time to time. Delivery times are estimates only and are not guaranteed. Marcos shall not be liable for delays in delivery caused by factors beyond our reasonable control, including but not limited to traffic conditions, weather events, or other force majeure circumstances.

Upon delivery, you are responsible for inspecting your order and notifying us of any issues within a reasonable time. If no one is available to receive your delivery, we may, at our discretion, attempt re-delivery or cancel the order, in which case additional fees may apply.

7. Intellectual Property Rights

7.1 Ownership

The Website and all content, features, and functionality thereof, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the overall design and appearance of the Website, are owned by Marcos or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 License to Use

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

• Reproduce, distribute, publicly display, or publicly perform any content from the Website
• Modify, create derivative works from, or adapt any content from the Website
• Use any content from the Website for commercial purposes without our prior written consent
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices

7.3 Trademarks

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 the Website are the trademarks of their respective owners.

7.4 User-Submitted Content

If you submit, post, or otherwise provide any content, reviews, feedback, or suggestions through our Website or social media channels ("User Content"), you grant Marcos a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any form, medium, or technology. You represent and warrant that you own or have the necessary rights to grant this license and that the User Content does not violate any third-party rights or applicable laws.

8. Disclaimers and "As-Is" Basis

8.1 Website Disclaimer

THE WEBSITE AND ALL CONTENT, SERVICES, PRODUCTS, AND OTHER MATERIALS PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MARCOS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 Service Availability

Marcos does not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the results obtained from the use of the Website will be accurate or reliable. We reserve the right to modify, suspend, or discontinue the Website at any time without notice.

8.3 Food Allergen Disclaimer

Our food products may contain or come into contact with common allergens, including but not limited to wheat, gluten, dairy, eggs, nuts, soy, fish, and shellfish. While we make every effort to provide accurate allergen information, we cannot guarantee that our products are free from allergens or cross-contamination. Customers with food allergies or dietary restrictions are strongly advised to contact us directly at [email protected] before placing an order to discuss your specific needs. Marcos shall not be liable for any adverse reactions resulting from allergens in our food products.

8.4 Third-Party Links

Our Website may contain links to third-party websites or services that are not owned or controlled by Marcos. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party websites you visit.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL MARCOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• Your use of or inability to use the Website or our services
• Any errors or omissions in the content of the Website
• Any unauthorized access to or use of our servers or any personal information stored therein
• Any interruption or cessation of transmission to or from the Website
• Any bugs, viruses, or other harmful code that may be transmitted through the Website
• Any content or conduct of any third party on the Website
• Any food-related incidents, including but not limited to allergic reactions, foodborne illness, or dissatisfaction with food quality, except to the extent such liability cannot be disclaimed under applicable law

EVEN IF MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

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

Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you to the extent prohibited by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Marcos, its officers, directors, employees, agents, licensors, and service providers, from and against any and all 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
• Your use of the Website or services in a manner not authorized by these Terms
• Your violation of any applicable federal, state, or local law, regulation, or ordinance
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or proprietary rights
• Any User Content you submit or transmit through the Website
• Any willful misconduct or fraud on your part

Marcos reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with Marcos in asserting any available defenses.

11. Privacy Policy

Your use of the Website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and share information about you when you use our Website and services. By agreeing to these Terms, you also agree to the terms of our Privacy Policy. We encourage you to review our Privacy Policy carefully.

To the extent applicable, and for users located in California, we comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as well as all applicable Federal Trade Commission (FTC) regulations governing consumer protection and fair business practices.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Marcos is registered and operates, without regard to any conflict of law provisions that would cause the application of the laws of any other jurisdiction.

Subject to the dispute resolution provisions set forth in Section 13 below, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the state or federal courts of competent jurisdiction located within the United States, and you hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such proceeding in such courts.

These Terms are subject to all applicable federal laws and regulations of the United States, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, and any other applicable federal consumer protection laws and regulations as enforced by the Federal Trade Commission (FTC).

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Marcos at [email protected] and attempt to resolve the dispute informally. We will make good faith efforts to resolve any dispute informally within thirty (30) days of receiving your notice of dispute. If the dispute is not resolved informally within thirty (30) days, either party may proceed to the formal dispute resolution process set forth below.

13.2 Binding Arbitration

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

Except as otherwise provided herein, any dispute, controversy, or claim arising out of or relating to these Terms, the Website, or our services that cannot be resolved informally shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, which are available at www.adr.org. The arbitration shall be conducted in English and shall take place in the United States. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MARCOS AGREE THAT EACH PARTY 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 ACTION. 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 representative or class proceeding.

13.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights. Additionally, claims that qualify for small claims court may be brought in small claims court rather than through arbitration.

14. Term and Termination

14.1 Term

These Terms shall remain in full force and effect for as long as you use the Website or maintain an account with us, unless and until terminated as set forth herein.

14.2 Termination by You

You may terminate your account and cease using our Website and services at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment for any orders placed.

14.3 Termination by Marcos

Marcos reserves the right to suspend or terminate your access to the Website and services, with or without cause, and with or without notice, at our sole discretion. Grounds for termination may include, but are not limited to:

• Violation of any provision of these Terms
• Engagement in fraudulent, abusive, or illegal activity
• Conduct that is harmful to Marcos, its customers, or third parties
• Failure to pay for services rendered
• Any other reason at our sole discretion

14.4 Effect of Termination

Upon termination of your account or access to our services, your right to use the Website and services will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

15. Changes to Terms

Marcos reserves the right to modify, amend, or update these Terms at any time at our sole discretion. When we make changes to these Terms, we will update the "Last Updated" date at the top of this page. We may also provide notice of material changes by sending an email to the address associated with your account or by posting a prominent notice on our Website.

Your continued use of the Website or services following the posting of revised Terms constitutes your acceptance of and agreement to be bound by those revised Terms. If you do not agree to the revised Terms, you must immediately cease using the Website and services and, if applicable, delete your account.

We encourage you to review these Terms periodically to stay informed of any updates or changes. Your access to and use of the Website and services is always subject to the most current version of these Terms.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms, and the remaining provisions of these Terms shall continue in full force and effect. The invalidity or unenforceability of any particular provision shall not affect the validity or enforceability of any other provision of these Terms.

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

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, policies, or agreements published by Marcos on the Website, constitute the entire agreement between you and Marcos with respect to your use of the Website and services, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings with respect to the Website and services.

No oral or written information or advice given by Marcos or any of its representatives shall create any warranty or otherwise modify the terms of this agreement, and you may not rely on any such information or advice.

18. Force Majeure

Marcos shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, war, terrorism, labor disputes, power outages, internet service interruptions, supply chain disruptions, or any other event beyond our reasonable control ("Force Majeure Event"). In the event of a Force Majeure Event, our obligations under these Terms will be suspended for the duration of the Force Majeure Event, and we will make reasonable efforts to notify you of the situation and resume performance as soon as reasonably practicable.

19. Electronic Communications

By using our Website and services, you consent to receiving electronic communications from Marcos, including but not limited to order confirmations, receipts, promotional offers, and notices regarding these Terms. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal requirement that such communications be in writing, to the fullest 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.

If you wish to opt out of receiving promotional or marketing communications from us, you may do so by following the unsubscribe instructions included in any promotional email we send you, or by contacting us at [email protected]. Please note that even if you opt out of marketing communications, we may still send you transactional or service-related communications necessary for the proper administration of your account and orders.

20. Contact Information

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

We will make every effort to respond to your inquiries within a reasonable timeframe, typically within two (2) to five (5) business days. For urgent matters related to an active order, please contact us as soon as possible so we may assist you promptly.