Terms of Service

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

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Marcos ("Company," "we," "us," or "our"), governing your access to and use of the website cafemarcos.rest, including all content, functionality, services, and products offered on or through the website (collectively, the "Services").

By visiting our website, placing an order, making a reservation, signing up for our newsletter, creating an account, or otherwise interacting with any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

These Terms apply to all visitors, users, customers, and others who access or use our Services. If you are using our Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in that case, "you" and "your" will refer to that entity.

You must be at least eighteen (18) years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years of age. If you are under 18, you may only use our Services with the involvement and consent of a parent or legal guardian. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

2. Description of Services

Marcos is a food service establishment operating in the United States. Our Services include, but are not limited to, the following:

• Online Menu Browsing: Users may browse our current food and beverage menu, including descriptions, ingredients, pricing, and promotional items, through our website at cafemarcos.rest.
• Online Ordering: Users may place orders for food and beverages online for pickup, dine-in, or delivery (where available) through our website or third-party platforms integrated with our Services.
• Table Reservations: Users may request or book reservations for dining at our physical location through our online reservation system.
• Gift Cards and Promotions: Users may purchase gift cards, take advantage of promotional offers, loyalty programs, discount codes, and other special offers made available through the website or in-person.
• Catering Services: Where applicable, users may inquire about or book catering services for private events, corporate functions, or other gatherings.
• Customer Account Management: Users may create and manage personal accounts to track orders, save preferences, and manage loyalty rewards.
• Newsletter and Communications: Users may subscribe to receive updates, news, promotions, and other marketing communications from Marcos.
• General Information: The website provides general information about Marcos, including location, hours of operation, contact details, and company background.

We reserve the right to modify, suspend, or discontinue any portion 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 any Service.

Availability of certain Services may vary by location, date, time, or other factors. Online ordering, delivery, and other specific services are subject to availability and may be limited in certain geographic areas or during certain hours. We reserve the right to limit quantities of items available for purchase.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your access to and use of our Services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or otherwise interacting with our Services.
• Maintain and promptly update any information you provide to keep it accurate, current, and complete.
• Maintain the confidentiality of your account credentials and accept responsibility for all activities that occur under your account.
• Promptly notify us of any unauthorized use of your account or any other breach of security.
• Comply with all applicable local, state, and federal laws and regulations in connection with your use of our Services.
• Use our Services only for lawful purposes and in a manner consistent with these Terms.
• Treat our staff, other customers, and all parties with respect and courtesy in all interactions, whether in-person or online.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use our Services for any unlawful purpose or in violation of any local, state, or federal laws or regulations.
• Use our Services to engage in any fraudulent activity, including but not limited to placing fraudulent orders, using stolen payment information, or misrepresenting your identity.
• Attempt to gain unauthorized access to any portion of our website, other accounts, computer systems, or networks connected to our website through hacking, password mining, or any other means.
• Use automated scripts, bots, spiders, crawlers, or other automated tools to scrape, collect, or otherwise extract data from our website without our express written permission.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services, or access to our Services, without our express written permission.
• Post, transmit, or otherwise distribute any content that is defamatory, obscene, abusive, threatening, harassing, hateful, or otherwise objectionable.
• Impersonate any person or entity, including any employee or representative of Marcos, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• Interfere with or disrupt the integrity or performance of our Services or the data contained therein.
• Attempt to reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of any software used in connection with our Services.
• Use our Services to send unsolicited communications, spam, chain letters, or other unauthorized advertising or promotional materials.
• Upload or transmit viruses, malware, or any other malicious code that will or may be used to compromise the security or functionality of our Services.
• Use our Services in any manner that could damage, disable, overburden, or impair our servers or networks.
• Collect or harvest any personally identifiable information from our website, including usernames, email addresses, or other user data, without authorization.
• Use our Services to place orders you have no intent to fulfill or pick up, or to otherwise abuse our ordering system.
• Resell, broker, or otherwise transfer products or services purchased from Marcos without our written consent.

Violation of any of the prohibited activities listed above may result in immediate termination of your account and access to our Services, and may expose you to civil and/or criminal liability. We reserve the right to report any such violations to appropriate law enforcement authorities.

4. Intellectual Property Rights

All content, materials, and elements available on or through our website and Services, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software, and the overall design and compilation of the website (collectively, "Content"), are the exclusive property of Marcos or its content suppliers and are protected under the laws of the United States, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and other applicable intellectual property laws.

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 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.

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

• Sell or resell any products or services offered through our website.
• Collect and use any product listings, descriptions, or prices for commercial purposes.
• Make any derivative use of our website or its Content.
• Download or copy account information for the benefit of any third party.
• Use data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of our Content or trademarks automatically terminates the license granted herein and may constitute an infringement of our intellectual property rights, potentially subjecting you to civil and criminal penalties under applicable law.

If you submit any feedback, suggestions, ideas, concepts, or other materials to us (collectively, "Submissions"), you grant Marcos a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions in any media now known or later developed. You waive any moral rights you may have in such Submissions.

5. Payment Terms

5.1 Pricing

All prices displayed on our website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes, service charges, delivery fees, or other additional charges, which will be calculated and disclosed to you prior to the completion of your order or transaction.

We reserve the right to correct any pricing errors on our website, even after an order has been submitted. In the event of a pricing error, we will notify you and give you the option to proceed with the corrected price or cancel your order.

5.2 Payment Methods

We accept various forms of payment, which may include major credit cards, debit cards, digital wallets, gift cards, and other payment methods as disclosed on our website. By providing payment information, you represent and warrant that: (i) you have the legal right to use the payment method; (ii) the payment information you provide is accurate and complete; and (iii) you authorize us to charge the total amount of your order to the specified payment method.

5.3 Order Processing

Your order constitutes an offer to purchase products or services from Marcos. We reserve the right to accept or decline any order at our sole discretion. An order is not accepted until confirmed by us through a confirmation email or notification. We reserve the right to limit order quantities, restrict orders placed by or under the same account, and cancel orders that appear to be placed by unauthorized users or for commercial purposes.

5.4 Refunds and Cancellations

Refund and cancellation policies vary depending on the nature of the service or product. For food orders, once an order has been prepared, refunds may not be available except in cases of food quality issues or errors on our part. For reservations, cancellation policies will be communicated at the time of booking. Gift card purchases are generally non-refundable. Please contact us at [email protected] for assistance with any refund or cancellation requests.

5.5 Taxes

You are responsible for all applicable taxes associated with your purchases. We will collect and remit applicable sales taxes as required by law. Tax amounts will be displayed during checkout prior to order confirmation.

6. 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 DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

• Your access to or use of, or inability to access or use, our Services.
• Any conduct or content of any third party on our Services.
• Any content obtained from our Services.
• Unauthorized access, use, or alteration of your transmissions or content.
• Any errors, mistakes, or inaccuracies of content on our website.
• Any interruption or cessation of our Services.
• Any bugs, viruses, or other harmful code transmitted through our Services.
• Any food allergies, dietary restrictions, or food-related incidents, except where directly caused by our gross negligence or willful misconduct.

IN NO EVENT SHALL MARCOS'S TOTAL 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 MARCOS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

7. Disclaimers

7.1 "As-Is" Basis

OUR SERVICES 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, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 No Warranty of Accuracy

While we strive to keep the information on our website accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of our website or the information, products, services, or related graphics contained on the website for any purpose. Menu items, prices, hours, and other details are subject to change without notice.

7.3 Food Allergy Disclaimer

We take food allergies and dietary restrictions seriously; however, we cannot guarantee that any item is completely free from allergens. Our food may be prepared in facilities that also handle common allergens including, but not limited to, nuts, dairy, eggs, wheat, soy, shellfish, and gluten-containing ingredients. Customers with food allergies or dietary restrictions should notify our staff before ordering. Marcos shall not be liable for any allergic reactions or food-related health incidents arising from failure to disclose allergy information or cross-contamination risks.

7.4 Third-Party Links

Our website may contain links to third-party websites, platforms, 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 strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit. Inclusion of any link does not imply endorsement by Marcos of the linked site.

8. Indemnification

You agree to defend, indemnify, and hold harmless Marcos, its officers, directors, members, employees, agents, licensors, service providers, and their respective successors and assigns (collectively, "Indemnified Parties") 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 access to or use of our Services.
• Your violation of these Terms.
• Your violation of any applicable law, rule, or regulation.
• Your violation of any third-party rights, including without limitation any intellectual property rights, privacy rights, or contractual rights.
• Any content or information you submit, post, or transmit through our Services.
• Your misrepresentation of any information provided to us.
• Any negligent or wrongful conduct by you or your agents, employees, or representatives 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 assist and cooperate with us in asserting any available defenses. You agree not to settle any matter without our prior written consent.

9. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or 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 state laws of the state in which Marcos operates its principal place of business, without regard to any conflict of law provisions.

To the extent permitted by law, any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in the United States. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue in such courts.

Our Services are operated and controlled from the United States. We make no representations that the Services are appropriate or available for use in other locations. If you access our Services from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent applicable.

These Terms are subject to all applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices in commerce, and any other applicable federal consumer protection laws and regulations.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact us at [email protected] and attempt to resolve any dispute, claim, or controversy informally. We will make good faith efforts to resolve any dispute within thirty (30) days of receipt of your written notice. If the dispute cannot be resolved informally within thirty (30) days, either party may proceed to the dispute resolution methods set forth below.

10.2 Binding Arbitration

Except as otherwise provided herein, any dispute, claim, or controversy arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or your use of our Services (collectively, "Disputes") that cannot be resolved informally shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as modified by this Agreement.

The arbitration shall be conducted in the English language and shall take place in the county in which our principal place of business is located, or at another mutually agreed-upon location. The arbitrator shall have authority to grant any remedy that would otherwise be available in court. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

10.3 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 OR REPRESENTATIVE PROCEEDING. Further, 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.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, the following claims are excluded from the arbitration requirement: (i) claims for injunctive or other equitable relief arising from actual or threatened infringement, misappropriation, or violation of intellectual property rights; (ii) claims that may be brought in small claims court; and (iii) any claims where mandatory arbitration is prohibited by applicable law.

10.5 Time Limitation on Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE FOREVER BARRED.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you access or use our Services. Certain provisions of these Terms, by their nature, shall survive any termination or expiration of these Terms, including but not limited to provisions regarding intellectual property, disclaimers, indemnification, limitation of liability, and governing law.

11.2 Termination by You

You may terminate your account and cease using our Services at any time by contacting us at [email protected] or by following the account deletion instructions on our website, if available. Termination of your account does not relieve you of any obligations that accrued prior to termination, including any outstanding payment obligations.

11.3 Termination by Marcos

We reserve the right, in our sole discretion, to suspend or terminate your account and access to any or all of our Services at any time, with or without notice, for any reason, including but not limited to:

• Your breach of any provision of these Terms.
• Your conduct that we believe is harmful to other users, third parties, or the interests of Marcos.
• Your engagement in any prohibited activities as outlined in Section 3.
• Requests by law enforcement or other government authorities.
• Discontinuation or material modification of our Services.
• Unexpected technical or security issues.
• Extended periods of account inactivity.

11.4 Effect of Termination

Upon termination of your account or access to our Services, your right to use the Services will immediately cease. We may, but are not obligated to, retain copies of your account information or order history. We shall not be liable to you or any third party for any termination of your access to our Services.

12. Changes to Terms

Marcos reserves the right to modify, update, or revise these Terms at any time at our sole discretion. We will provide notice of any material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by providing additional notice through our website, email, or other communication channels.

Your continued access to or use of our Services after any changes to these Terms take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately stop using our Services and, if applicable, close your account.

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

Changes to these Terms will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted, except that changes addressing new functions or changes made for legal reasons will be effective immediately.

13. Severability

If any provision of these Terms is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving the original intent of the provision as closely as possible.

The failure of Marcos to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Marcos. No waiver by Marcos of any provision of these Terms shall operate as a further or continuing waiver of such provision or any other provision.

14. Entire Agreement

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

These Terms may not be modified, amended, or supplemented by any oral statement or course of conduct, but only by a written agreement signed by both parties or, in the case of changes to these Terms, by Marcos posting updated Terms on its website as described in Section 12.

15. Miscellaneous Provisions

15.1 Assignment

You may not assign or transfer these Terms, or any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Marcos. Any attempted assignment without such consent shall be null and void. Marcos may freely assign or transfer these Terms, or any of its rights or obligations hereunder, without restriction.

15.2 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their respective permitted successors and assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

15.3 Force Majeure

Marcos shall not be liable for any failure or delay in the performance of our obligations under these Terms to the extent such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemic or pandemic, war, terrorism, riots, embargoes, government actions or orders, fire, floods, strikes or other labor disputes, power outages, internet or telecommunications failures, or other similar events ("Force Majeure Events"). In the event of a Force Majeure Event, our obligations will be suspended for the duration of the event.

15.4 Electronic Communications

By using our Services, you consent to receive electronic communications from us. These communications may include notices about your account, order confirmations, transactional information, and other information concerning or related to your use of our Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

15.5 Accessibility

Marcos is committed to ensuring our website is accessible to all users. If you experience difficulty accessing our website or Services, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs and provide alternative means of access.

16. 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 Services, please reach out to us using the following contact information:

We will make reasonable efforts to respond to all inquiries within a reasonable timeframe. For time-sensitive matters related to active orders or reservations, please contact us directly via email at [email protected] for the fastest response.

For matters related to legal notices, including notices of copyright infringement or legal disputes, please send written correspondence to our email address above clearly marked "Legal Notice" in the subject line.