Terms of Service

Effective Date: June 26, 2026  |  Last Updated: June 26, 2026

1. Acceptance of Terms

By accessing, browsing, or otherwise using the website located at marcospizzagrill.digital (the "Website"), or by placing an order or otherwise engaging with the services offered by Marcos Pizza & Grill ("Company," "we," "us," or "our"), you ("User," "Customer," or "you") 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 or guidelines incorporated herein by reference.

These Terms constitute a legally binding agreement between you and Marcos Pizza & Grill. If you are using our Website or services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms "you" and "your" shall refer to such entity.

We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. Your continued use of the Website after any such changes constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

You must be at least 18 years of age to use our Website and services independently. If you are between 13 and 17 years of age, you may only use our services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. We do not knowingly collect personal information from children under 13 years of age.

2. Description of Services

Marcos Pizza & Grill is a food service business operating in the United States. Through our Website at marcospizzagrill.digital, we offer the following services:

• Online Menu Browsing: Users may view our complete menu offerings, including pizzas, grilled items, appetizers, beverages, desserts, and other food and beverage items.
• Online Ordering: Users may place orders for pickup or delivery through our Website or affiliated third-party platforms integrated with our services.
• Account Registration: Users may create an account to manage orders, save preferences, view order history, and receive promotional communications.
• Promotions and Loyalty Programs: We may offer promotional discounts, coupon codes, loyalty rewards, and special offers from time to time, subject to specific terms and conditions applicable to each promotion.
• Customer Support: Users may contact us through the Website or via email for inquiries, complaints, or feedback regarding our products and services.
• Catering Services: We may offer catering services for events and group orders, subject to availability and separate agreements.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

All food and beverage products are subject to availability. Menu items, prices, ingredients, and nutritional information are subject to change without notice. While we endeavor to keep our menu and pricing information current and accurate on our Website, discrepancies may occasionally occur. In the event of a pricing error, we reserve the right to cancel or adjust affected orders and notify you accordingly.

3. User Accounts and Registration

To access certain features of our Website, including placing online orders or enrolling in our loyalty program, you may be required to register for an account. When creating 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 account credentials, including your username and password;
• Immediately notify us at [email protected] of any unauthorized use of your account or any other breach of security;
• Accept responsibility for all activities that occur under your account, whether or not authorized by you.

We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms, suspected fraudulent activity, or prolonged inactivity.

4. User Obligations and Prohibited Activities

By using our Website and services, you agree to use them only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations. You further agree to the following obligations and restrictions:

4.1 General Obligations

• You will provide accurate and complete information when placing orders, creating accounts, or communicating with us;
• You will use the Website and services solely for personal, non-commercial purposes unless expressly authorized by us in writing;
• You will comply with all applicable laws, including but not limited to the Federal Trade Commission Act (FTC Act), applicable consumer protection laws, and all relevant state and local regulations.

4.2 Prohibited Activities

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

• Using the Website for any unlawful, fraudulent, or deceptive purpose;
• Attempting to gain unauthorized access to our systems, servers, databases, or any networks connected to our Website;
• Uploading, transmitting, or distributing any viruses, malware, spyware, or other harmful software or code;
• Engaging in any conduct that restricts or inhibits any other user's use or enjoyment of the Website;
• Scraping, crawling, or using automated means to extract data from our Website without our prior written consent;
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
• Submitting false, misleading, or fraudulent orders or payment information;
• Engaging in any conduct that could damage, disable, overburden, or impair our servers or the networks connected to our Website;
• Attempting to reverse engineer, disassemble, decompile, or otherwise derive the source code of any software used in connection with the Website;
• Using the Website to collect or harvest personal information about other users without their consent;
• Violating any intellectual property rights of Marcos Pizza & Grill or any third party;
• Reselling or commercially exploiting our products or services without prior written authorization;
• Posting or transmitting any content that is defamatory, obscene, threatening, harassing, abusive, or otherwise objectionable.

Violation of any of the above prohibitions may result in immediate termination of your account and access to our services, and may expose you to civil and/or criminal liability.

5. Ordering, Payment, and Pricing

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected products at the stated price. We reserve the right to accept or decline any order at our sole discretion. An order is confirmed only when you receive a written confirmation from us via email or through our Website's confirmation screen.

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. Delivery fees, service fees, and gratuity (where applicable) may be added to your order total and will be disclosed prior to checkout.

5.3 Payment

We accept payment through the methods indicated on our Website at the time of checkout, which may include major credit and debit cards, digital wallets, and other electronic payment methods. By providing payment information, you represent and warrant that:

• You are authorized to use the designated payment method;
• The payment information you provide is accurate and complete;
• You authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees.

We use third-party payment processors to handle transactions. Payment card information is not stored on our servers. We are not responsible for errors or failures on the part of third-party payment processors.

5.4 Refunds and Cancellations

Orders may be canceled within a limited timeframe after placement, subject to preparation status. Once an order has entered preparation, cancellations may not be possible. Refund eligibility is determined on a case-by-case basis. If you have concerns about an order, please contact us promptly at [email protected]. We reserve the right to issue refunds, credits, or replacements at our sole discretion, in accordance with applicable consumer protection laws.

6. Intellectual Property Rights

All content, materials, and information available on or through our Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and layout of the Website (collectively, "Content"), are the exclusive property of Marcos Pizza & Grill or its licensors and are protected by applicable United States federal and state intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and other applicable laws.

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

• Reproduce, copy, distribute, or publicly display any Content without our prior written consent;
• Modify, adapt, translate, or create derivative works based on the Content;
• Use our trademarks, service marks, trade names, logos, or other proprietary designations without our express written permission;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in or on the Content;
• Use any Content for commercial purposes or in any manner that competes with our business.

Any use of our intellectual property not expressly permitted by these Terms is strictly prohibited and may constitute infringement, subjecting you to civil and criminal penalties. If you believe that any content on our Website infringes your intellectual property rights, please contact us at [email protected].

7. User-Generated Content

If you submit, post, or transmit any reviews, comments, feedback, suggestions, photographs, or other content to our Website or social media channels ("User Content"), you grant Marcos Pizza & Grill a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media for any lawful business purpose, including marketing and promotional activities.

You represent and warrant that you own or have the necessary rights to submit the User Content and that the User Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party. You agree that your User Content will not contain any unlawful, defamatory, abusive, threatening, or otherwise objectionable material.

8. Food Allergen and Dietary Information

Marcos Pizza & Grill makes reasonable efforts to provide accurate information about ingredients and potential allergens in our menu items. However, we cannot guarantee that our products are free from any specific allergen. Our food is prepared in a kitchen environment where common allergens, including but not limited to gluten, dairy, eggs, nuts, soy, fish, and shellfish, may be present.

9. Disclaimers and "As-Is" Basis

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR MATERIALS AVAILABLE ON THE WEBSITE;
• WARRANTIES THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

We do not warrant that the results of using our services will meet your expectations. Any material downloaded or otherwise obtained through the use of our Website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from downloading or using such material.

References to third-party products, services, or websites on our Website do not constitute endorsement or recommendation by Marcos Pizza & Grill. We are not responsible for the content, accuracy, or practices of any third-party websites linked to or from our Website.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MARCOS PIZZA & GRILL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, goodwill, or business opportunities;
• Personal injury or property damage arising from your use of our services or products;
• Unauthorized access to or alteration of your data or transmissions;
• Interruption or cessation of transmission to or from our Website;
• Bugs, viruses, or other harmful code transmitted through our Website by any third party;
• Errors, inaccuracies, or omissions in any content or materials available through our Website.

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

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Marcos Pizza & Grill and its respective officers, directors, employees, agents, licensors, suppliers, and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way connected with:

• Your access to or use of our Website and services;
• Your violation of these Terms or any applicable law, rule, or regulation;
• Your violation of any third-party rights, including without limitation any intellectual property rights, privacy rights, or proprietary rights;
• Any User Content you submit, post, or transmit through our Website;
• Any fraudulent, negligent, or willful misconduct by you;
• Any dispute between you and any third party in connection with your use of 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 agree to cooperate with our defense of such claim. You shall not settle any claim without our prior written consent.

12. Privacy Policy

Your use of our Website is also governed by our Privacy Policy, which is incorporated herein by reference. Our Privacy Policy explains how we collect, use, disclose, and protect your personal information. By using our Website and services, you acknowledge and agree to the practices described in our Privacy Policy.

To the extent our Website or services are accessed by residents of California, we comply with applicable provisions of the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), including honoring rights to access, deletion, correction, and opt-out of the sale or sharing of personal information. Please refer to our Privacy Policy for more details.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the jurisdiction in which Marcos Pizza & Grill operates, without regard to its conflict of law provisions. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions contained in these Terms.

Subject to the arbitration agreement set forth in Section 14 below, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of our services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby consent to the personal jurisdiction and venue of such courts.

These Terms shall also be subject to applicable federal laws, including without limitation the FTC Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in commerce, and any other applicable federal consumer protection statutes.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute resolution procedure, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services informally by contacting us at [email protected]. We will attempt to resolve the dispute informally within thirty (30) days of receiving your written notice. If the dispute cannot be resolved informally within that period, either party may pursue formal dispute resolution as described below.

14.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, ANY AND ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING THEIR VALIDITY, INTERPRETATION, OR PERFORMANCE, SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, WHICH ARE AVAILABLE AT www.adr.org.

The arbitration shall be conducted in English. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction. The arbitration proceedings and any related findings shall be kept confidential to the extent permitted by law.

14.3 Class Action Waiver

YOU AND MARCOS PIZZA & GRILL AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Exceptions

Notwithstanding the foregoing, either party may 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, confidential information, or other proprietary rights, without first engaging in the informal dispute resolution process or arbitration.

15. Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, or services that are not owned or controlled by Marcos Pizza & Grill, including third-party delivery platforms, payment processors, and social media sites. We have no control over the content, privacy policies, terms, or practices of any third-party websites or services, and we do not assume any responsibility or liability for them.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Your interactions with third-party websites or services are solely between you and such third parties.

16. Term and Termination

16.1 Term

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

16.2 Termination by You

You may terminate these Terms at any time by discontinuing your use of our Website and services and, if applicable, by closing your account by contacting us at [email protected].

16.3 Termination by Us

We reserve the right to suspend or terminate your access to our Website and services, with or without notice and with or without cause, at our sole discretion, including but not limited to situations where:

• You have violated any provision of these Terms;
• We are required to do so by applicable law or regulation;
• We determine, in our sole judgment, that continued access poses a risk to our business, other users, or third parties;
• We choose to discontinue our Website or services.

16.4 Effect of Termination

Upon termination of these Terms for any reason, all rights and licenses granted to you hereunder shall immediately cease. Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and any other provisions that by their nature should survive termination shall survive termination of these Terms.

17. Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where reasonably practicable, provide notice through our Website or by email to the address associated with your account.

Your continued use of our Website or services following the posting of updated Terms constitutes your acceptance of and agreement to be bound by the updated Terms. If you do not agree to the updated Terms, you must immediately discontinue your use of our Website and services.

We encourage you to review these Terms periodically to stay informed of any updates or changes. It is your responsibility to check for updates.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, 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. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.

The failure of Marcos Pizza & Grill to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any term or condition shall not be deemed a continuing waiver of that term or any other term.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements incorporated herein by reference, constitute the entire agreement between you and Marcos Pizza & Grill with respect to your use of our Website and services, and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral, relating to the same subject matter.

No amendment or modification of these Terms shall be effective unless made in writing and signed by an authorized representative of Marcos Pizza & Grill.

20. Force Majeure

Marcos Pizza & Grill shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government actions, labor disputes, power outages, internet or telecommunications failures, or supply chain disruptions.

21. Accessibility

Marcos Pizza & Grill is committed to making our Website accessible to all users, including individuals with disabilities, in compliance with applicable federal and state accessibility requirements, including the Americans with Disabilities Act (ADA). If you experience any difficulty accessing or using our Website, please contact us at [email protected] and we will make reasonable efforts to assist you.

22. Electronic Communications

By using our Website and services, you consent to receive electronic communications from us, including but not limited to order confirmations, receipts, account notifications, and promotional communications (subject to your communication preferences). You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of receiving promotional communications at any time by following the unsubscribe instructions in such communications or by contacting us at [email protected]. Note that opting out of promotional communications will not affect your receipt of transactional or service-related communications.

23. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to exercise any rights available to you under these Terms or applicable law, please contact us using the following information:

We will endeavor to respond to all inquiries within a reasonable timeframe. For urgent matters relating to food safety or allergic reactions, please contact us immediately by email or phone.

These Terms of Service were last reviewed and updated on June 26, 2026. Marcos Pizza & Grill reserves all rights not expressly granted herein.