Terms of Service

Please read these Terms of Service carefully before using the website located at marcoscafe.rest (the "Website") or any services provided by Marco's Cafe ("Marco's Cafe," "we," "us," or "our"). These Terms of Service constitute a legally binding agreement between you and Marco's Cafe.

1. Acceptance of Terms

By accessing or using the Website located at marcoscafe.rest, placing an order, making a reservation, subscribing to our newsletter, or otherwise interacting with any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations of the United States of America and the state in which Marco's Cafe operates.

If you do not agree to these Terms of Service, in whole or in part, you must immediately discontinue your use of this Website and all associated services. Your continued use of the Website after any modifications to these Terms of Service constitutes your acceptance of the revised terms.

These Terms of Service apply to all visitors, users, customers, and any other persons who access or use our services. By using our services, you represent and warrant that you are at least 18 years of age, or if you are under 18, that you have obtained verifiable parental or guardian consent. If you are using our services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms of Service.

2. Description of Services

Marco's Cafe is a food and beverage business that offers the following services through its physical location and its Website at marcoscafe.rest:

• Dine-In Services: In-person dining experiences at our physical establishment, including table service, self-service, and counter service.
• Takeout and Pickup Orders: Customers may place food orders online or by phone for pickup at our location.
• Delivery Services: Where available, Marco's Cafe may offer delivery services directly or through third-party delivery platforms. Availability of delivery is subject to geographic limitations and operating hours.
• Online Ordering: Through the Website, users can browse our menu, customize their orders, and complete payment for food and beverages.
• Catering Services: Marco's Cafe may offer catering services for events and group gatherings, subject to availability and a separate catering agreement.
• Reservations: Customers may book table reservations through the Website, by phone, or through authorized third-party reservation platforms.
• Loyalty and Rewards Programs: From time to time, Marco's Cafe may offer loyalty programs, promotional discounts, and special offers to registered users and repeat customers.
• Informational Content: The Website provides menus, nutritional information (where available), hours of operation, location details, and other content related to our food and beverage offerings.

Marco's Cafe reserves the right to modify, suspend, or discontinue any service or feature 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 offerings are subject to availability. Menu items, prices, and ingredients may change without notice. We make reasonable efforts to keep our online menu current, but we cannot guarantee that all items displayed on the Website will be available at any given time.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or making a reservation.
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use of your account.
• Use the Website and services only for lawful purposes and in accordance with these Terms of Service.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our services.
• Treat our staff, other customers, and third-party partners with respect and dignity.
• Honor all confirmed reservations and orders or cancel them in a timely manner in accordance with our cancellation policy.
• Pay all applicable charges, fees, and taxes associated with your orders and reservations.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Website for any unlawful purpose or in any manner inconsistent with these Terms of Service.
• Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website.
• Using automated scripts, bots, scrapers, or other software to collect information from the Website without express written consent from Marco's Cafe.
• Uploading, transmitting, or distributing any content that is harmful, fraudulent, deceptive, threatening, abusive, defamatory, obscene, or otherwise objectionable.
• Impersonating any person or entity, including any employee or representative of Marco's Cafe.
• Using our services for commercial purposes without prior written authorization, including reselling food or beverages purchased through our platform.
• Interfering with or disrupting the integrity or performance of the Website or its associated services.
• Circumventing, disabling, or otherwise interfering with security features of the Website.
• Posting false, misleading, or fraudulent reviews or testimonials about Marco's Cafe or its products.
• Violating the privacy of other users or collecting their personal information without consent.
• Using the Website to transmit spam, unsolicited communications, or chain letters.
• Engaging in any conduct that could harm the reputation or business interests of Marco's Cafe.

Marco's Cafe reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including removing the user's account, canceling orders, and reporting such conduct to law enforcement authorities.

4. Intellectual Property Rights

All content published on the Website, including but not limited to text, graphics, logos, photographs, images, video, audio, menu designs, recipes, software, and the overall design and appearance of the Website (collectively, "Content"), is the exclusive property of Marco's Cafe or its content suppliers and is protected by United States copyright, trademark, trade dress, and other applicable intellectual property laws.

The Marco's Cafe name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Marco's Cafe or its affiliates. You are not permitted to use such marks without the prior written permission of Marco's Cafe. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Marco's Cafe grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, distribute, publicly display, or publicly perform any Content;
• Modify, create derivative works from, or otherwise exploit any Content;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Download any Content except as expressly authorized by Marco's Cafe.

Any unauthorized use of the Content may violate copyright laws, trademark laws, and other applicable regulations and statutes. Marco's Cafe reserves the right to pursue all available legal remedies for any such violations.

If you believe that any Content on our Website infringes upon your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms

5.1 Pricing and Charges

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes, delivery fees, service charges, or gratuities unless otherwise specified. The total amount charged to your account will include the price of the food and beverages ordered, applicable taxes, delivery fees (if applicable), and any other fees disclosed at checkout.

5.2 Payment Methods

Marco's Cafe accepts payment through various methods, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, digital wallets (such as Apple Pay and Google Pay), and any other payment methods displayed on the Website at the time of checkout. All online transactions are processed through secure, third-party payment processors.

5.3 Authorization

By providing your payment information, you represent and warrant that you are authorized to use the designated payment method. You authorize Marco's Cafe to charge your payment method for the total amount of your order, including all applicable fees and taxes. Marco's Cafe does not store full credit card numbers on its servers. Payment information is handled by our third-party payment processors in accordance with Payment Card Industry Data Security Standards (PCI-DSS).

5.4 Refund and Cancellation Policy

All sales of prepared food and beverages are final unless the order is incorrect, incomplete, or the food is found to be in an unsatisfactory condition due to our error. If you experience an issue with your order, please contact us within 24 hours of receiving your order at [email protected]. Refunds, if approved, will be processed to the original payment method within 5 to 10 business days. For catering orders, cancellation policies will be outlined in the separate catering agreement.

5.5 Taxes

You are responsible for paying all applicable taxes associated with your purchases. Marco's Cafe will collect and remit applicable sales taxes as required by the laws of the state and locality where our business operates and where services are delivered.

6. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL SERVICES PROVIDED BY MARCO'S CAFE 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, MARCO'S CAFE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Marco's Cafe does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this Website. Specifically, Marco's Cafe does not warrant that:

• The Website will be uninterrupted, error-free, or free of viruses or other harmful components;
• The information provided on the Website is accurate, complete, reliable, current, or error-free;
• The results obtained from use of the Website or services will meet your expectations;
• Defects in the Website will be corrected.

Allergen and Dietary Disclaimer: While Marco's Cafe makes reasonable efforts to provide accurate allergen and nutritional information, we cannot guarantee that menu items are free from specific allergens. Our kitchen handles a variety of ingredients, and cross-contamination may occur. Customers with food allergies, dietary restrictions, or medical dietary needs are responsible for informing our staff and making their own informed decisions. Marco's Cafe shall not be liable for any adverse reactions resulting from consumption of our food or beverages.

Third-Party Links: The Website may contain links to third-party websites or services. These links are provided for your convenience only. Marco's Cafe has no control over the content of those sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL MARCO'S CAFE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, EVEN IF MARCO'S CAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL MARCO'S CAFE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE AND SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO MARCO'S CAFE 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 types of damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law. The limitations of liability set forth in this section are fundamental elements of the basis of the agreement between Marco's Cafe and you, and Marco's Cafe would not provide the services without such limitations.

8. Indemnification

You agree to defend, indemnify, and hold harmless Marco's Cafe, its affiliates, officers, directors, employees, agents, licensors, service providers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and 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 in a manner not authorized by these Terms of Service;
• Your violation of any applicable law, regulation, or ordinance;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or any other proprietary rights;
• Any content or information you submit, post, or transmit through the Website;
• Your negligent or wrongful conduct;
• Any dispute between you and any third party arising from your use of our services.

Marco's Cafe reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with Marco's Cafe in asserting any available defenses. This indemnification obligation will survive termination of these Terms of Service and your use of the Website.

9. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. Our Privacy Policy explains how we collect, use, and share information about you when you use our Website and services. By using our Website, you consent to our collection and use of your personal information as described in the Privacy Policy.

Marco's Cafe complies with applicable United States federal privacy laws, including regulations enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 41 et seq.), which prohibits unfair or deceptive acts or practices in commerce, including those relating to consumer data privacy and security. To the extent applicable, we also comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents.

10. Governing Law and Jurisdiction

These Terms of Service and all matters arising out of or relating to them shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state in which Marco's Cafe is registered and operates, without regard to any conflict of law provisions that would cause the application of the laws of any other jurisdiction.

Subject to the dispute resolution provisions below, any legal action or proceeding arising out of or relating to these Terms of Service or your use of the Website shall be brought exclusively in the federal or state courts located in the county and state where Marco's Cafe maintains its principal place of business. You irrevocably consent to the personal jurisdiction of such courts and waive any objection as to inconvenient forum.

Marco's Cafe operates in compliance with all applicable federal laws of the United States, including but not limited to the FTC Act, the Americans with Disabilities Act (ADA), the Food Safety Modernization Act (FSMA), and applicable state food safety, health, and business regulations. Nothing in these Terms of Service shall be construed to limit any rights you may have under applicable consumer protection laws.

11. Dispute Resolution

11.1 Informal Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms of Service or your use of our services, the parties shall first attempt to resolve the dispute informally by contacting Marco's Cafe at [email protected]. You agree to provide a written description of your dispute, the relief you are seeking, and your contact information. Marco's Cafe will respond to your written notice within thirty (30) days. Both parties agree to negotiate in good faith to resolve the dispute.

11.2 Binding Arbitration

If the parties are unable to resolve the dispute through informal negotiation within sixty (60) days of the initial written notice, either party may elect to have the dispute resolved by binding arbitration. The arbitration shall be conducted by a recognized arbitration organization, such as the American Arbitration Association (AAA), under its then-current Consumer Arbitration Rules. The arbitration shall be conducted in English and shall take place in the county and state where Marco's Cafe maintains its principal place of business, or remotely if mutually agreed upon by both parties.

The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees in connection with the arbitration, unless the arbitrator determines that one party's claim or defense was frivolous or brought in bad faith.

11.3 Class Action Waiver

YOU AND MARCO'S CAFE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST MARCO'S CAFE. If a court or arbitrator finds that this class action waiver is unenforceable, then the entire arbitration agreement shall be void and the dispute shall be resolved in accordance with Section 10 above.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of a dispute. Claims related to intellectual property rights may be brought in a court of competent jurisdiction without the requirement of informal negotiation or arbitration.

12. Term and Termination

These Terms of Service are effective as of the date they are first accepted by you and shall remain in full force and effect for as long as you use the Website or any of our services, unless earlier terminated in accordance with this section.

Marco's Cafe reserves the right, in its sole discretion, to terminate or suspend your access to all or any part of the Website and services at any time, with or without notice, for any reason, including but not limited to:

• Your violation of any provision of these Terms of Service;
• Your engagement in fraudulent, abusive, or illegal activity;
• Non-payment of amounts due;
• Requests by law enforcement or other government agencies;
• Discontinuation or material modification of the Website or services;
• Unexpected technical or security issues or problems.

You may terminate your use of the Website and services at any time by ceasing to use the Website and, if applicable, by closing your account. Any obligations incurred prior to termination, including payment obligations for orders already placed, shall survive termination.

Upon termination, the following provisions shall survive: Intellectual Property Rights, Payment Terms (with respect to outstanding amounts), Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

13. Changes to Terms of Service

Marco's Cafe reserves the right to revise and update these Terms of Service at any time and for any reason, at its sole discretion. When we make material changes to these Terms of Service, we will update the "Last Updated" date at the top of this page and may notify you by email (if you have provided an email address) or by posting a prominent notice on our Website.

It is your responsibility to review these Terms of Service periodically. Your continued use of the Website and services following the posting of revised Terms of Service constitutes your acceptance of and agreement to such changes. If you do not agree to the revised Terms of Service, you must stop using the Website and services immediately.

We encourage you to review this page frequently to stay informed about our current terms and conditions. Changes to the Terms of Service are effective when they are posted on this page, unless otherwise specified.

14. Severability

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

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

These Terms of Service constitute the entire agreement between you and Marco's Cafe with respect to the Website and services, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings with respect to the Website and services and the subject matter of these Terms of Service.

15. Additional Provisions

15.1 Force Majeure

Marco's Cafe shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, governmental actions, utility disruptions, supply chain interruptions, labor disputes, or telecommunications failures. In such events, Marco's Cafe shall use commercially reasonable efforts to mitigate the impact of the force majeure event and resume normal operations as soon as practicable.

15.2 No Third-Party Beneficiaries

These Terms of Service are intended solely for the benefit of Marco's Cafe and you. Nothing in these Terms of Service shall create or be deemed to create any right in any third party to enforce any term of this agreement, except as expressly provided herein.

15.3 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Service without the prior written consent of Marco's Cafe. Marco's Cafe may assign these Terms of Service or any rights hereunder without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

15.4 Headings

The headings and section titles used in these Terms of Service are included for convenience only and shall not affect the interpretation of any provision.

15.5 Language

These Terms of Service are written in the English language. In the event of any conflict or inconsistency between the English version and any translation thereof, the English version shall prevail.

16. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service or our services, please do not hesitate to contact us. We are committed to addressing your inquiries promptly and professionally.

For formal legal notices, please send your correspondence in writing to our email address at [email protected] with the subject line "Legal Notice – Terms of Service." We will acknowledge receipt of legal notices within five (5) business days.

For general customer service inquiries, including questions about orders, reservations, menu items, and allergen information, please contact us through the same email address or through the contact form on our Website at marcoscafe.rest.