Terms of Service

Effective Date: June 27, 2026  |  Last Updated: June 27, 2026

1. Acceptance of Terms

Welcome to Marcos Grill ("Company," "we," "us," or "our"). These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," or "you") and Marcos Grill, governing your access to and use of the website located at marcosgrill.click (the "Website") and all related services, content, and functionality offered by Marcos Grill (collectively, the "Services").

By visiting our Website, placing an order, creating an account, subscribing to our mailing list, or otherwise interacting with our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications. Your continued use of the Website following the posting of changes to these Terms will constitute your acceptance of those changes.

If you are using the Services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Services.

These Terms apply to all visitors, users, customers, and others who access or use the Services. Users must be at least eighteen (18) years of age to use this Website and place orders. By using our Services, you represent and warrant that you meet this minimum age requirement.

2. Description of Services

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

• Online Menu Browsing: Viewing our current food and beverage menu offerings, including descriptions, photographs, and pricing information.
• Online Ordering: Placing orders for food and beverages for pickup, delivery, or dine-in reservation where applicable.
• Reservation Management: Booking tables or scheduling catering services through our online platform.
• Account Management: Creating and managing a personal user account to track orders, save preferences, and manage loyalty rewards where available.
• Promotional Communications: Receiving newsletters, special offers, promotions, and other marketing communications from Marcos Grill, subject to your consent and applicable law.
• Customer Support: Accessing customer service through our contact channels to resolve issues related to orders, billing, or other service matters.
• Catering Services: Inquiring about and booking catering for private, corporate, or public events.

Marcos Grill reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you. Menu items, pricing, and availability are subject to change without prior notice. All food and beverage offerings are subject to availability and may vary by location, season, or other operational factors.

We do not guarantee that the Services will be available at all times. Scheduled maintenance, technical issues, or circumstances beyond our control may cause temporary interruptions. We will make reasonable efforts to notify users of significant planned downtime.

3. User Accounts and Registration

Certain features of our Services may require you to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate 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] if you suspect any unauthorized use of your account or any other breach of security.

Marcos Grill reserves the right to terminate or suspend your account at any time, with or without notice, for any reason, including if we believe that you have violated these Terms. You may not use another person's account without their permission. You may not create accounts using automated methods or for the purpose of abusing promotions, manipulating reviews, or any other fraudulent purpose.

4. User Obligations and Prohibited Activities

By using our Services, you agree to comply with all applicable federal, state, and local laws and regulations. You also agree to use our Services only for lawful purposes and in accordance with these Terms.

4.1 General Obligations

You agree that you will:

• Provide truthful, accurate, and complete information when placing orders, creating accounts, or communicating with us.
• Pay for all orders placed through the Website in a timely manner using valid payment methods.
• Treat Marcos Grill staff, delivery personnel, and other users with respect and courtesy.
• Comply with all applicable health, safety, and food handling guidelines relevant to your orders.
• Use the Website and Services only for personal, non-commercial purposes unless expressly authorized by us in writing.

4.2 Prohibited Activities

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

• Fraudulent Orders: Placing orders with no intention to pay, using stolen payment information, or engaging in any form of payment fraud.
• Impersonation: Impersonating any person or entity, including Marcos Grill employees, or falsely representing your affiliation with any person or entity.
• System Interference: Using any automated tools, bots, scrapers, or other software to access, scrape, or collect data from our Website without express written permission.
• Harmful Transmission: Uploading, posting, or transmitting any viruses, malware, or other harmful or disruptive code to our Website or systems.
• Unauthorized Access: Attempting to gain unauthorized access to any part of the Website, other user accounts, or our servers or systems connected to the Website.
• Harassment: Harassing, threatening, or intimidating other users, customers, or Marcos Grill staff in any manner.
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works based on our content without prior written authorization.
• Spam and Unsolicited Communications: Using our platform to send unsolicited commercial messages, spam, or chain letters to other users or to Marcos Grill.
• False Reviews: Submitting fake, misleading, or incentivized reviews about Marcos Grill or its products and services.
• Illegal Purposes: Using the Services for any illegal or unauthorized purpose, or in violation of any local, state, national, or international law.
• Interference with Services: Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of our Services.
• Commercial Exploitation: Reselling, sublicensing, or otherwise commercially exploiting any part of our Services without express written authorization from Marcos Grill.

Violation of these prohibited activities may result in immediate termination of your account, cancellation of your orders, and/or legal action as permitted by applicable law.

5. Ordering, Pricing, and Payment Terms

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected food and beverages at the stated prices. All orders are subject to acceptance by Marcos Grill. We reserve the right to refuse or cancel any order at our discretion, including orders that appear to be fraudulent, in excess of reasonable quantities, or placed in error.

Order confirmation does not guarantee fulfillment if we are unable to complete the order due to unforeseen circumstances such as ingredient unavailability, operational disruptions, or force majeure events. In such cases, we will make reasonable efforts to notify you promptly and provide a full refund.

5.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to applicable sales tax as required by law. Prices may change without notice. The price applicable to your order will be the price displayed at the time you complete your purchase.

We make every effort to ensure accurate pricing on our Website. However, errors may occasionally occur. If a pricing error is discovered after your order is placed, we will notify you as soon as reasonably possible and give you the option to confirm your order at the correct price or cancel it for a full refund.

5.3 Payment Methods

We accept various forms of payment as indicated on our Website at the time of checkout, which may include major credit and debit cards, digital wallets, and other payment methods. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the full amount of your order, including applicable taxes and fees, to that payment method.

All payment transactions are processed through secure third-party payment processors. Marcos Grill does not store your full credit card or payment account information on its servers. By using our payment services, you also agree to the terms and conditions of our third-party payment processors.

5.4 Refunds and Cancellations

Refund and cancellation policies depend on the nature and timing of the order. Orders may be cancelled within a specified time frame prior to preparation. Once food preparation has begun, cancellations may not be possible, and refunds may not be issued. In cases of incorrect orders, unsatisfactory quality, or other service failures directly attributable to Marcos Grill, we will work with you in good faith to provide an appropriate remedy, which may include a refund, store credit, or replacement order. Please contact us at [email protected] to initiate a refund or dispute a charge.

6. Intellectual Property Rights

The Website and all of its original content, features, functionality, designs, graphics, logos, text, images, audio, video, and software are and will remain the exclusive property of Marcos Grill and its licensors. Our content is protected by United States copyright law, trademark law, trade dress law, and other intellectual property laws and treaties.

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

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

• Modify or copy the materials on our Website.
• Use the materials for any commercial purpose or public display.
• Remove any copyright, trademark, or other proprietary notices from materials on our Website.
• Transfer the materials to another person or "mirror" the materials on any other server.
• Use data mining, robots, or similar data gathering and extraction tools on our Website.

If you believe that any content on our Website infringes upon your intellectual property rights, please notify us immediately at [email protected] with a description of the alleged infringement and supporting documentation.

7. Food Safety, Allergen Information, and Nutritional Disclaimers

Marcos Grill takes food safety seriously and complies with all applicable federal and state food safety regulations, including standards set forth by the U.S. Food and Drug Administration (FDA) and applicable state health departments.

While we make reasonable efforts to provide accurate allergen and nutritional information on our Website, we cannot guarantee that our food items are free from any specific allergen. Our kitchen facilities handle a wide variety of ingredients, including common allergens such as nuts, gluten, dairy, eggs, shellfish, soy, and others. Cross-contamination may occur.

Nutritional information provided on our Website is approximate and may vary based on preparation methods, portion sizes, ingredient substitutions, and other factors. This information is provided for general guidance only and should not be relied upon as medical or dietary advice.

8. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Marcos Grill. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not endorse or make any representations about third-party websites or the information, software, products, or services found there.

If you access third-party websites through links on our Website, you do so at your own risk and subject to the terms and conditions of those third-party websites. We encourage you to review the terms of service and privacy policies of any third-party websites you visit.

9. Disclaimers — Services Provided "As Is"

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

MARCOS GRILL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, Marcos Grill's warranties are limited to the minimum extent permitted by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARCOS GRILL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or data.
• Loss of goodwill or business opportunities.
• Personal injury or property damage related to your use of the Services.
• Unauthorized access to or alteration of your transmissions or data.
• Statements or conduct of any third party on the Services.
• Any other matter relating to the Services.

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

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MARCOS GRILL AND YOU. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MARCOS GRILL'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless Marcos Grill and its respective 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 of Service.
• Your use of the Website or Services, including, but not limited to, any use of the Website's content other than as expressly authorized in these Terms.
• Your violation of any third party's rights, including but not limited to intellectual property rights, privacy rights, or contractual rights.
• Your violation of any applicable federal, state, local, or international law or regulation.
• Any content you submit, post, or transmit through the Website.
• Your fraudulent or intentionally harmful conduct.

Marcos Grill reserves the right, at your expense, to assume 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 the prior written consent of Marcos Grill. Marcos Grill will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

12. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the state laws applicable to the state in which Marcos Grill is registered and operates, without regard to its conflict of law provisions. To the extent that federal law applies, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and other applicable federal consumer protection statutes, such federal law shall govern.

For users located in the State of California, additional rights may apply under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and other California consumer protection statutes.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted in the federal courts of the United States or the courts of competent jurisdiction in the applicable state where Marcos Grill maintains its principal place of business. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services informally by contacting Marcos Grill at [email protected]. You agree to provide a written description of your dispute, the relief sought, and your contact information. We will attempt to respond and resolve the dispute within thirty (30) days of receipt of your notice.

13.2 Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiation within thirty (30) days, either party may elect to have the dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) then in effect. The arbitrator shall apply the applicable substantive law consistent with the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

The arbitration shall be conducted in English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights available in court may also be unavailable in arbitration.

13.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you and Marcos Grill each waive any right to a jury trial. You also agree that you may bring claims against Marcos Grill only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

14. Term and Termination

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

Marcos Grill may, in its sole discretion, terminate or suspend your access to all or part of the Services at any time, with or without notice, for any reason, including, without limitation, if we believe you have violated these Terms. Upon termination:

• Your right to use the Services will immediately cease.
• Any outstanding orders will be handled on a case-by-case basis, and applicable refunds will be processed.
• Provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

You may also terminate your use of the Services at any time by closing your account (if applicable) and ceasing to access the Website. Please contact us at [email protected] if you wish to deactivate your account.

15. Changes to Terms of Service

Marcos Grill reserves the right, at our sole discretion, to modify, update, or replace any part of these Terms of Service at any time. When we make material changes to these Terms, we will provide notice by updating the "Last Updated" date at the top of this page and, where appropriate, by sending a notification to the email address associated with your account or by posting a prominent notice on our Website.

It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the modified Terms, you should stop using our Services and, if applicable, close your account.

Changes to these Terms will not apply retroactively to disputes that arose before the effective date of the modification, unless mutually agreed upon in writing by both parties.

16. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, shall be eliminated from these Terms, and the validity, legality, and enforceability of the remaining provisions of these Terms shall continue in full force and effect and shall not be affected or impaired in any way.

The parties agree that the court or arbitrator shall endeavor to give effect to the parties' original intent as reflected in the provision to the greatest extent possible, and the other provisions of these Terms shall remain valid and enforceable.

17. Waiver

No failure or delay by Marcos Grill in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. No waiver by Marcos Grill of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

18. Entire Agreement

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

In the event of any conflict between these Terms and any other agreement you may have with Marcos Grill, these Terms shall control unless the other agreement explicitly states that it supersedes these Terms.

19. Force Majeure

Marcos Grill shall not be liable or responsible to you, nor be deemed to have breached these Terms, for any failure or delay in fulfilling or performing any part of our Services when such failure or delay results from or is caused by or results from acts or events beyond our reasonable control, including, without limitation: acts of God; flood, fire, earthquake, explosion, or other natural disasters; pandemic or epidemic; war, invasion, hostilities, terrorism, or other civil unrest; actions, embargoes, or blockades; national or regional emergency; strikes, labor stoppages or slowdowns, or other industrial disturbances; shortage of adequate power or utilities; or any law, order, regulation, direction, or action by any governmental authority.

20. Electronic Communications

By using our Website and Services, you consent to receive electronic communications from Marcos Grill, including but not limited to order confirmations, receipts, promotional materials, and important notices. These electronic communications satisfy any legal requirement that such communications be in writing. 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.

For marketing and promotional communications, you may opt out at any time by following the unsubscribe instructions in any marketing email or by contacting us directly at [email protected]. Please note that even if you opt out of marketing communications, you may still receive transactional and service-related communications from us.

21. Accessibility

Marcos Grill is committed to ensuring that our Website is accessible to all users, including those with disabilities, in compliance with applicable federal accessibility standards. If you experience any difficulty accessing our Website or Services, please contact us at [email protected] and we will make reasonable efforts to assist you.

22. Contact Information

If you have any questions, concerns, complaints, 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 endeavor to respond to all inquiries within a reasonable time frame. For urgent matters related to food safety or allergic reactions, please contact emergency services immediately.