Terms of Service

Effective Date: June 24, 2026  |  Last Updated: June 24, 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 Pizza & Grill ("Company," "we," "us," or "our"), governing your access to and use of the website located at marcospizzagrill.rest and any related services, features, content, or applications offered by the Company (collectively, the "Services").

By accessing or using the Services in any manner, including but not limited to browsing the website, placing an order, creating an account, or engaging with any content on the platform, 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 using the Services on behalf of a business entity or organization, you represent and warrant that you have the legal authority to bind such entity to these Terms, and "you" shall refer to both you individually and such entity.

You must be at least eighteen (18) years of age to use our Services. By using the Services, you represent and warrant that you are at least 18 years of age and have the full legal capacity to enter into this Agreement.

2. Description of Services

Marcos Pizza & Grill is a food service establishment that operates a website at marcospizzagrill.rest to facilitate the following services:

• Online Menu Browsing: Users may view our current food and beverage menu offerings, including descriptions, pricing, allergen information, and promotional items.
• Online Ordering: Users may place orders for food and beverages for delivery, pickup, or dine-in scheduling purposes through our website or affiliated third-party platforms.
• Reservations: Where available, users may request or book table reservations at our establishment.
• Customer Account Management: Users may create and manage personal accounts to track order history, save preferences, and manage loyalty rewards if applicable.
• Promotional Offers and Loyalty Programs: Users may participate in promotional offers, discount programs, and loyalty reward programs as made available by the Company from time to time.
• Customer Support: Users may contact our team for inquiries, complaints, feedback, and general support.
• Informational Content: We provide content including but not limited to our story, team information, hours of operation, location details, and food safety practices.

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

Availability of certain menu items, promotions, and features may vary based on location, time of day, season, and supply availability. We make no guarantee that any particular item 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 Services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or contacting us.
• Maintain the confidentiality of your account credentials and notify us immediately at [email protected] if you suspect unauthorized access to your account.
• Use the Services only for lawful purposes and in accordance with these Terms.
• Pay all applicable charges for orders placed through the Services, including taxes and applicable fees.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Services.
• Treat our staff, delivery personnel, and other users with dignity and respect.
• Provide valid and accurate delivery or pickup information when placing orders.

3.2 Prohibited Activities

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

• Using the Services for any unlawful purpose or in violation of any federal, state, or local laws or regulations.
• Attempting to gain unauthorized access to any portion of the website, our servers, or any related systems or networks.
• Using automated tools, bots, scrapers, or similar technology to access, collect, or copy content from our website without prior written consent.
• Transmitting any viruses, malware, ransomware, or other harmful code through the Services.
• Impersonating any person or entity, or falsely claiming an affiliation with any person or entity.
• Submitting false, fraudulent, or misleading orders, reviews, or information.
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Services.
• Attempting to reverse engineer, decompile, or disassemble any software or systems underlying the Services.
• Using the Services to send unsolicited commercial messages (spam) to any party.
• Exploiting the Services for any commercial purpose not expressly authorized by the Company.
• Harassing, threatening, or intimidating our employees, agents, or other users.
• Placing fraudulent orders with no intention of payment or pickup/delivery acceptance.
• Abusing promotional codes, discount programs, or loyalty rewards systems.

The Company reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including without limitation, terminating the user's account, reporting such behavior to law enforcement authorities, and pursuing civil remedies.

4. Intellectual Property Rights

All content, materials, and features available through the Services, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the overall "look and feel" of the website, are the exclusive property of Marcos Pizza & Grill or its licensors and are protected by United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

The Marcos Pizza & Grill name, logo, and all related product names, design marks, and slogans are trademarks or service marks of the Company. You may not use these marks without prior written permission from the Company.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for personal, non-commercial purposes only.

You expressly agree NOT to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission from the Company.
• Modify, adapt, translate, or create derivative works based on any content from the Services.
• Remove or alter any copyright, trademark, or other proprietary notices from any content obtained through the Services.
• Use any of our content for commercial purposes without our prior written consent.

If you submit feedback, suggestions, reviews, or other content to us ("User Content"), you grant us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in any media. You represent and warrant that you own or have the necessary rights to grant this license.

5. Payment Terms

When you place an order through our website or associated platforms, you agree to the following payment terms:

5.1 Payment Methods

We accept major credit and debit cards, and other payment methods as displayed at checkout. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order, including applicable taxes, delivery fees, and service charges.

5.2 Pricing

All prices displayed on our website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Prices are subject to change without notice. We make every effort to ensure accurate pricing, but in the event of a pricing error, we reserve the right to cancel or adjust orders accordingly. We will notify you of any pricing discrepancies before processing your order.

5.3 Order Confirmation

An 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 for any reason, including but not limited to item unavailability, pricing errors, or suspected fraudulent activity.

5.4 Refunds and Cancellations

Refund and cancellation policies are handled on a case-by-case basis. If you have an issue with your order, please contact us promptly at [email protected]. Refunds, if applicable, will be processed to the original payment method within a reasonable time frame. We are not responsible for delays in processing imposed by your financial institution.

5.5 Chargebacks

If you initiate a chargeback or dispute with your financial institution regarding a valid charge, we reserve the right to suspend your account and pursue all available legal remedies to recover amounts owed.

6. Food Safety, Allergen Information, and Nutritional Content

Marcos Pizza & Grill takes food safety seriously and complies with all applicable federal and state food safety regulations, including those established by the U.S. Food and Drug Administration (FDA) and applicable state and local health departments.

We make reasonable efforts to provide accurate allergen and nutritional information on our menu. However, our food is prepared in a kitchen where common allergens such as gluten, dairy, eggs, nuts, soy, shellfish, and other allergens may be present. We cannot guarantee that any menu item is completely free from cross-contamination. If you have a severe food allergy or dietary restriction, please contact us directly before placing an order.

The Company shall not be liable for any allergic reactions or health consequences resulting from the consumption of our products where the Customer has not disclosed relevant dietary restrictions or where cross-contamination risks have been communicated.

7. Third-Party Links and Services

Our website may contain links to third-party websites, services, or platforms, including but not limited to food delivery aggregators, payment processors, and social media platforms. These third-party links are provided for your convenience only. The Company has no control over the content, privacy policies, or practices of any third-party websites or services and expressly disclaims all liability in connection with your use of such third-party websites or services.

Your interactions with third-party platforms are governed by the respective third party's terms of service and privacy policy. We encourage you to review such policies before engaging with any third-party platform.

8. Disclaimers — "As-Is" Basis

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES.
• ANY WARRANTY THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of certain warranties. If you reside in such a jurisdiction, the above exclusions may not apply to you to the extent prohibited by law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING BUT NOT LIMITED TO THE FEDERAL TRADE COMMISSION ACT (FTC ACT) AND APPLICABLE STATE CONSUMER PROTECTION STATUTES, IN NO EVENT SHALL MARCOS PIZZA & GRILL, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.
• DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES.
• DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN.
• DAMAGES ARISING FROM ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES.
• DAMAGES ARISING FROM BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY.

IN ANY CASE, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

10. Indemnification

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

• Your violation of these Terms of Service;
• Your use or misuse of the Services;
• Your User Content or any content you submit, post, or transmit through the Services;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or proprietary right;
• Any claim that your User Content caused damage to a third party;
• Your fraudulent conduct or willful misconduct.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms or the 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 Pizza & Grill is registered and operates, without regard to its conflict of law principles.

Subject to the dispute resolution provisions below, you consent to the exclusive jurisdiction and venue of the federal and state courts located in the applicable jurisdiction of the Company's principal place of business for the resolution of any disputes that are not subject to arbitration under these Terms.

The Company's operations are subject to compliance with applicable federal regulations, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), which prohibits unfair or deceptive acts or practices in commerce, and any applicable state consumer protection statutes. Nothing in these Terms shall be construed to limit any rights you may have under applicable consumer protection laws that cannot be waived by contract.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to contact us first and attempt to resolve the dispute informally by sending a written description of your claim to:

We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute cannot be resolved informally within that time period, either party may proceed to formal dispute resolution as described below.

12.2 Binding Arbitration

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

Except for disputes that qualify for small claims court, all disputes, controversies, or claims arising out of or relating to these Terms, the Services, or any related transactions between you and the Company shall be resolved through binding individual arbitration rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

The arbitration shall be conducted by a recognized arbitration organization using its consumer arbitration rules then in effect. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND THE COMPANY 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 ACTION. Unless both you and the Company 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.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court. Either party may also seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

12.5 Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. This waiver applies to all claims and disputes between you and the Company.

13. Term and Termination

These Terms are effective upon your first access or use of the Services and will remain in full force and effect until terminated in accordance with this section.

You may terminate your account and cease using the Services at any time by contacting us at [email protected] and requesting account deletion. Please note that termination of your account does not relieve you of any obligations or liabilities incurred prior to termination, including any outstanding payment obligations.

The Company reserves the right to suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including but not limited to:

• Your violation of these Terms or any applicable law or regulation;
• Conduct that is harmful to other users, third parties, or the interests of the Company;
• Fraudulent, deceptive, or abusive activity;
• Non-payment of amounts owed;
• Upon request by law enforcement or other governmental agencies.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnification, limitation of liability, dispute resolution provisions, and governing law provisions.

14. Changes to Terms

The Company reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. We will notify you of material changes by:

• Posting the updated Terms on our website at marcospizzagrill.rest with a revised "Last Updated" date;
• Sending an email notification to the address associated with your account (where applicable); or
• Displaying a prominent notice on our website.

Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to the modified Terms, you must discontinue your use of the Services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. The date at the top of this page indicates when these Terms were last revised.

15. Electronic Communications

By using the Services, you consent to receiving electronic communications from us. These communications may include notices about your account, order confirmations, promotional offers (where you have opted in), and other information related to the Services. 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.

16. Force Majeure

The Company shall not be held liable for any failure or delay in the performance of its obligations under these Terms caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, war, terrorism, labor disputes, supply chain disruptions, power outages, internet or telecommunications failures, or any other circumstance beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, we will use commercially reasonable efforts to resume normal operations as soon as practicable and will provide notice to affected users where feasible.

17. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

In the event that the class action waiver set forth in Section 12.3 is found to be unenforceable, the entire arbitration agreement in Section 12 shall be null and void, and any disputes shall be resolved through litigation in the appropriate court.

18. Waiver

The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any breach of these Terms shall not constitute a waiver of any subsequent breach. No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition.

19. Entire Agreement

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

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

20. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. The Company may freely assign or transfer these Terms or any of its rights or obligations hereunder, including in connection with a merger, acquisition, or sale of all or substantially all of our assets, without restriction and without notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective permitted successors and assigns.

21. No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns. Nothing in these Terms, 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.

22. California Users — Additional Rights

If you are a resident of the State of California, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know what personal information we collect, the right to delete your personal information, the right to opt-out of the sale or sharing of your personal information, and the right to non-discrimination for exercising your privacy rights. Please refer to our Privacy Policy or contact us directly for more information about your California privacy rights.

California users may also contact the California Department of Consumer Affairs, Division of Consumer Services, at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 for assistance with consumer complaints.

23. Contact Information

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

We will make every effort to respond to all inquiries within a reasonable time frame, typically within five (5) to ten (10) business days.

These Terms of Service were last updated on June 24, 2026. © 2026 Marcos Pizza & Grill. All rights reserved.