400 S Collier Blvd, Marco Island, FL 34145

Terms of Service

Effective Date: June 12, 2026  |  Last Updated: June 12, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Marcos Meals ("Company," "we," "us," or "our"), the operator of the website located at marcosmeals.rest and all associated services, platforms, and applications (collectively, the "Services").

By accessing, browsing, or using our website, placing an order, creating an account, or otherwise interacting with any feature of our Services, you acknowledge that:

  • You have read, understood, and agree to be bound by these Terms;
  • You are at least 18 years of age, or you are accessing the Services under the supervision of a parent or legal guardian who agrees to these Terms on your behalf;
  • You have the legal authority and capacity to enter into this Agreement;
  • Your use of the Services complies with all applicable federal, state, and local laws and regulations of the United States.

If you are using our Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include that entity.

2. Description of Services

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

  • Online Ordering: Customers may browse our menu, customize food and beverage items, and place orders for delivery, pickup, or catering through our website at marcosmeals.rest.
  • Delivery Services: We offer food delivery to designated service areas. Delivery availability, zones, fees, and estimated times are subject to change without prior notice.
  • Pickup Services: Customers may place orders in advance and pick them up at our designated location(s) during business hours.
  • Catering Services: We provide catering options for events and gatherings. Catering orders are subject to separate agreements and minimum order requirements.
  • Account Management: Users may create an account to manage orders, save preferences, track order history, and receive promotional communications.
  • Promotional and Loyalty Programs: From time to time, we may offer discounts, promotions, loyalty rewards, and special offers subject to their own terms and conditions.

We reserve the right to modify, suspend, discontinue, or limit any aspect of our Services at any time, with or without notice, and without liability to you. We do not guarantee that the Services will be available at all times, or that any particular menu item will always be available.

All food and beverage items are subject to availability. We reserve the right to substitute ingredients or items when necessary due to supply constraints, allergen considerations, or operational requirements. If a substitution significantly affects your order, we will make reasonable efforts to notify you.

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, current, and complete;
  • Maintain the security and confidentiality of your login credentials, including your password;
  • Notify us immediately at [email protected] of any unauthorized use of your account or any other security breach;
  • Accept all responsibility for any and all activities that occur under your account, whether authorized by you or not.

We reserve the right to suspend, terminate, or refuse service to any account at our sole discretion, including but not limited to accounts that provide false information, violate these Terms, or engage in fraudulent or harmful activities.

4. User Obligations and Prohibited Activities

As a condition of using our Services, you agree to use them only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit anyone's use and enjoyment of the Services.

4.1 General Obligations

You agree to:

  • Use the Services solely for personal, non-commercial purposes unless expressly authorized in writing by Marcos Meals;
  • Comply with all applicable federal, state, and local laws and regulations, including but not limited to the Federal Trade Commission Act (FTC Act), applicable consumer protection laws, and food safety regulations;
  • Provide truthful, accurate, and complete information in all interactions with our Services;
  • Honor all orders placed and payments made through the Services.

4.2 Prohibited Activities

You expressly agree that you will NOT:

  • Use the Services for any unlawful purpose or in violation of any federal, state, or local regulation;
  • Submit false, misleading, or fraudulent orders, reviews, or information;
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  • Engage in any form of harassment, abuse, or threatening conduct toward our staff, employees, delivery personnel, or other users;
  • Attempt to gain unauthorized access to any portion or feature of the website, or to any other system or network connected to our Services;
  • Use any automated tools, bots, scrapers, crawlers, or similar technology to access, collect data from, or interact with the Services without our express written consent;
  • Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, defamatory, obscene, infringing, or otherwise objectionable;
  • Interfere with or disrupt the integrity or performance of the Services or the data contained therein;
  • Attempt to reverse engineer, decompile, or disassemble any portion of the website or its underlying software;
  • Use the Services to transmit spam, chain letters, or other unsolicited communications;
  • Engage in any conduct that could damage, disable, overburden, or impair our servers or networks;
  • Exploit the Services for any commercial purpose without our prior written consent;
  • Use our Services to collect or harvest any personally identifiable information from other users.

Violation of any of the above prohibitions may result in immediate termination of your account and access to the Services, and may also subject you to civil or criminal liability.

5. Ordering, Payments, and Pricing

5.1 Order Placement

All orders placed through marcosmeals.rest are subject to acceptance by Marcos Meals. We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to, product unavailability, errors in pricing or product descriptions, or suspected fraudulent activity. If your order is canceled after payment has been processed, you will receive a full refund using the original payment method.

5.2 Pricing

All prices displayed on our website are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable taxes unless otherwise stated. You are responsible for all applicable sales taxes, delivery fees, service charges, and any other charges associated with your order.

We make every effort to ensure that pricing information displayed on our website is accurate. However, in the event of a pricing error, we reserve the right to cancel or correct the order and notify you accordingly.

5.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on our website at the time of purchase. By submitting payment information, you represent and warrant that:

  • You are authorized to use the payment method provided;
  • The payment information you provide is accurate and complete;
  • Charges incurred will be honored by your financial institution.

We use industry-standard encryption and security measures to protect your payment information. We do not store full credit card numbers on our servers.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. Refunds or credits may be issued at our sole discretion in cases where food quality does not meet our standards, items are missing from an order, or other circumstances we determine warrant a refund. Requests for refunds must be submitted within 24 hours of the order delivery or pickup by contacting us at [email protected].

6. Allergens and Dietary Information

Marcos Meals takes food safety seriously. However, we cannot guarantee that any menu item is completely free from allergens, including but not limited to nuts, gluten, dairy, eggs, soy, shellfish, or other common allergens. Our kitchen facilities handle a variety of ingredients and cross-contamination is possible.

7. Intellectual Property Rights

All content on the marcosmeals.rest website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, menu designs, photographs, videos, software, and the overall look and feel of the website (collectively, the "Content"), is the exclusive property of Marcos Meals or its content suppliers and is protected by applicable United States and international copyright, trademark, trade dress, and other intellectual property laws.

7.1 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Content solely for your personal, non-commercial use. This license does not include:

  • Any resale or commercial use of the Services or Content;
  • Any collection and use of any product listings, descriptions, or prices;
  • Any derivative use of the Services or Content;
  • Any downloading or copying of account information for the benefit of any third party;
  • Any use of data mining, robots, or similar data gathering and extraction tools.

7.2 Trademarks

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

7.3 User-Generated Content

If you submit reviews, comments, photographs, feedback, or any other content to our website or social media platforms ("User Content"), you grant Marcos Meals a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant this license, and that your User Content does not infringe the rights of any third party.

8. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, disclose, and protect your personal information. By using our Services, you consent to the practices described in our Privacy Policy.

To the extent applicable, we comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, as well as all other applicable federal and state privacy laws.

9. Disclaimers and "As-Is" Basis

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

MARCOS MEALS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
  • ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE;
  • ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
  • ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES;
  • ANY WARRANTIES REGARDING THE QUALITY, TASTE, SAFETY, OR SUITABILITY OF FOOD PRODUCTS FOR ANY PARTICULAR PURPOSE OR INDIVIDUAL.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in their entirety.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, MARCOS MEALS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND LICENSORS 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 OTHER INTANGIBLE LOSSES;
  • PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES;
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY;
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MARCOS MEALS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO MARCOS MEALS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations of liability set forth in this section are a fundamental element of the basis of the bargain between Marcos Meals and you. The Services would not be provided without such limitations.

11. Indemnification

You agree to defend, indemnify, and hold harmless Marcos Meals, its affiliates, officers, directors, employees, agents, contractors, suppliers, and licensors (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees and court costs) arising from or related to:

  • Your use of and access to the Services;
  • Your violation of any provision of these Terms;
  • Your violation of any applicable federal, state, or local law, regulation, or rule;
  • Your violation of any third-party rights, including without limitation any intellectual property, privacy, or proprietary rights;
  • Any claim that your User Content caused damage to a third party;
  • Your negligence, willful misconduct, or fraud;
  • Any misrepresentation you make in connection with the Services.

This indemnification obligation will survive these Terms and your use of the Services. 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 such claims.

12. 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 Meals. These links are provided for your convenience only. Marcos Meals has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or individuals or their websites.

You acknowledge and agree that Marcos Meals shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

13. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) 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 Marcos Meals is registered and operates, without regard to its conflict of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

These Terms are subject to applicable consumer protection laws enforced by the Federal Trade Commission (FTC) pursuant to the FTC Act (15 U.S.C. § 45 et seq.), as well as any applicable state consumer protection statutes. For California residents, additional protections may be available under the California Consumer Legal Remedies Act (CLRA), the California Unfair Competition Law (UCL), and the California False Advertising Law (FAL).

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Marcos Meals in writing at [email protected] and provide a description of the dispute, the specific relief sought, and your contact information. We will make good-faith efforts to resolve the dispute within thirty (30) calendar days of receiving your notice. Both parties agree to engage in informal negotiation before pursuing formal dispute resolution mechanisms.

14.2 Binding Arbitration

If informal resolution efforts fail, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, except as modified herein.

The arbitration shall be conducted in the United States, in the state where Marcos Meals operates. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND MARCOS MEALS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Marcos Meals 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.

14.4 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction, provided the action remains in small claims court and proceeds only on an individual (non-class, non-representative) basis.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use our Services. We reserve the right, in our sole discretion, to:

  • Suspend or terminate your account and access to the Services at any time, with or without cause or notice;
  • Refuse service to any user for any reason not prohibited by applicable law;
  • Discontinue all or any part of the Services at any time, with or without notice.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Services will immediately cease.

The following provisions shall survive termination of these Terms: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

16. Changes to These Terms

Marcos Meals reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make changes, we will:

  • Post the updated Terms on this page with a revised "Last Updated" date;
  • Provide notice through the website, via email, or through other reasonable means as we deem appropriate.

Your continued use of the Services following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

17. Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unenforceable, or in conflict with any applicable law or regulation, that 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 remaining provisions of these Terms shall continue in full force and effect and shall be construed so as to best effectuate the original intent and purposes of the agreement.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision herein, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein, to the extent permitted by applicable law.

18. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Marcos Meals on the website, constitute the entire agreement between you and Marcos Meals with respect to your use of the Services, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Marcos Meals.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Marcos Meals' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Marcos Meals to be effective.

19. Force Majeure

Marcos Meals shall not be held liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when such failure or delay is caused by or results from acts beyond our reasonable control, including but not limited to: acts of God, flood, fire, earthquake, epidemic, pandemic, governmental actions, war, invasion, acts of terrorism, national emergencies, civil disturbances, labor disputes, supply chain disruptions, power failures, internet service provider failures, cyberattacks, or any other events beyond our reasonable control ("Force Majeure Events").

20. Electronic Communications

By using our Services or communicating with us electronically, you consent to receiving electronic communications from Marcos Meals. We may communicate with you by email or by posting notices on the website. 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.

21. Accessibility

Marcos Meals is committed to making our website and Services accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG). If you experience any accessibility barriers while using our Services, please contact us so that we may address your concerns.

22. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you need to contact us for any reason related to your use of our Services, please reach out to us through the following channels:

Marcos Meals — Contact Details
Company Name Marcos Meals
Website marcosmeals.rest
Email [email protected]
Location United States

We will make reasonable efforts to respond to all inquiries within five (5) to seven (7) business days. For urgent matters related to food safety, allergens, or immediate service issues, we encourage you to contact us directly by email at [email protected] with "URGENT" in the subject line.