Terms Of Use

By using the Sites, you are agreeing to be bound by these Terms of Use, which shall govern all aspects of your use of the Sites. If you do not agree to these Terms of Use, you should not use the Sites. Please read these Terms of Use carefully to understand your rights. Any defined terms herein shall have the meaning ascribed to them in our Privacy Policy.

These Terms contain (1) an arbitration provision, which includes a waiver of your right to bring claims as class actions and (2) the right to opt out of this provision.

CHANGES TO TERMS OF USE

Marco’s reserves the right to change these Terms of Use at any time in our sole discretion, with or without notice to you. The most current version of these Terms of Use will supersede all previous versions. It is your responsibility to review the Terms of Use regularly for updates.

PRIVACY

Any information submitted on the Sites is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our current Privacy Policy to understand how Marco’s uses and shares the information it may collect from you, and your choices regarding the collection and use of such information.

PAYMENT TRANSACTIONS (APPLICABLE ONLY TO TRANSACTIONS INITIATED FROM MEXICO)

Mexican transactions initiated by consumers within Mexico within the Sites for Master Franchisee of Marco’s Franchising, LLC or its subfranchisees will be carried out through the Openpay payment gateway. Consumers in Mexico may review the use and conditions of Openpay through its official website located at https://site.openpay.mx/en/terminos-servicio.html

USER CONDUCT

You agree to use the Sites in accordance with these Terms of Use and all applicable laws and regulations. You agree not to:

modify, adapt, translate, or reverse engineer any portion of the Sites;
use the Sites for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
use the Sites in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
frame or mirror any portion or feature of the Sites;
use the Sites for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Sites; (2) reproduce or circumvent the navigational structure or presentation of the Sites; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Sites;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or with any other person’s use or enjoyment of the Sites;
transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Marco’s;
forge headers or otherwise manipulate identifiers;
post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
submit or post any false or misleading information; and/or
violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Marco’s or any other third party.

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Sites, users, us, our brand, or any other person or entity, or that violates these Terms of Use and/or applicable law.

INTELLECTUAL PROPERTY NOTICE

The Sites contain (i) many valuable trademarks and service marks owned and used by MP Marks, LLC and licensed to Marco’s for use in the Marco’s Pizza system, and (ii) text, graphics and HTML code which are copyrighted materials of Marco’s (collectively, the “Marco’s IP”). The absence of a trademark or copyright notice or legend indicating the registration or ownership by MP Marks, LLC and/or Marco’s anywhere in the text of the Sites does not constitute a waiver of MP Marks, LLC or Marco’s trademark, copyright, or other intellectual property rights concerning that item, or any other item, of Marco’s IP. Marco’s reserves all legal rights with respect to the Marco’s IP. Nothing contained on the Sites should be construed as granting by implication or otherwise any license or right to use the Marco’s IP, and you are strictly prohibited from using, copying, or commercially disseminating the Marco’s IP in any manner whatsoever unless we have given our prior express written permission for you to do so. Please be advised that MP Marks, LLC and Marco’s will enforce its intellectual property rights to the fullest extent of the law.

NOTICE OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property rights of others and expect our users to do the same. We will terminate the accounts of any users who repeatedly infringe the copyrights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the Sites has infringed your intellectual property rights.

The notification must include:

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing to be the subject of infringing activity, and information reasonably sufficient to permit Marco’s Pizza to locate the material on the Site;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
A physical or electronic signature of you or a person authorized to act on behalf of the copyright owner.

RESPONSE NOTICE BY ALLEGED INFRINGER

If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by email or mail to our designated agent below.

That written communication should include the following:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of the infringement pursuant to the above.

Please send all notices of alleged copyright infringement by email or mail to our Designated Agent under the DMCA listed below:

Marco’s Franchising, LLC
5252 Monroe St., 2nd Floor
Toledo, Ohio 43623
Attn: Legal Department
legal@marcos.com
By phone: 1-833-509-0285

Please do not send notices or inquiries about anything other than alleged copyright infringement to our Designated Agent for Notice. Be aware that there may be penalties for false claims under the DMCA.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES AND ALL CONTENT INCLUDED ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MARCO’S HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. MARCO’S MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES OR ANY CONTENTS ON THE SITES WILL BE ACCURATE, TIMELY, RELIABLE, ERROR-FREE, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THATANY DEFENTS WILL BE CORRECTED. MARCO’S FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SITES.

IN NO EVENT SHALL MARCO’S BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF (I) YOUR ACCESS/USE OR INABILITY TO ACCESS/USE THE SITES, (II) ANY OF THE INFORMATION CONTAINED ON THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Marco’s and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising directly or indirectly from your use of and access to the Sites, your violation of any provision of these Terms of Use, and your violation of any third-party right under applicable law. This defense and indemnification obligation will survive these Terms of Use and your use of the Sites.

DISPUTES AND ARBITRATION

Except as expressly provided below, you and Marco’s that, to the fullest extent permitted by applicable law, any dispute arising out of or relating in any way to these Terms of Use, similar prior Terms of Use, any products or services you have received from Marco’s, communications between you and Marco’s, your consent to receive communications, and the relationship between you and Marco’s and affiliated entities (including existing disputes and those arising before your agreement to these Terms of Use) (collectively, “Claims”) will, at the election of either party, be resolved by arbitration, including any dispute about arbitrability, such as the scope, applicability, and enforceability of the agreement to arbitrate.

The right and obligation to arbitrate under this section shall extend to all Claims, including but not limited to those against or involving third parties such as Marco’s or its affiliates’ officers, directors, employees, agents, shareholders, members, partners, subsidiaries, joint venturers, or contractors, all of which are intended beneficiaries of this Agreement.
Rules and Selection of Arbitrators. Except as expressly provided herein, any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the American Arbitration Association. Should the AAA be unavailable, unable, or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as written, the Parties shall agree on a substitute arbitration organization, such as JAMS, that will enforce the arbitration provisions as written. The Parties will select a mutually agreeable single arbitrator. But in the event that the Parties are unable to agree, the Parties shall select an arbitrator according to a “strike and rank” procedure whereby the Parties: (a) will request and obtain a list of no less than five (5) arbitrators (subject the qualifications below); (b) within ten (10) days of service of an arbitrator list on the Parties, strike the names of two (2) proposed arbitrators; and (c) rank the remaining arbitrators in order of preference with number 1 being the most preferred ranking. The remaining arbitrator with the lowest aggregate ranking of preference shall be selected to serve. If the “rank and strike” procedure fails or results in a tie, the AAA (or a substitute arbitration organization) shall appoint an arbitrator. Any selected arbitrator must have experience litigating and/or presiding over cases involving the substantive legal areas involved in the dispute.

Federal Arbitration Act. The Agreement memorializes a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rules, is available at www.adr.org or by calling 1-800-778-7879.

Offers. To the extent not inconsistent with the Arbitration Rules (or the rules of a substitute arbitration organization if the AAA is unavailable), you and Marco’s agree that either Party may serve upon the other a written offer to settle a Claim (“Settlement Offer”) for the money specified in the Settlement Offer and to enter an agreement dismissing the Claim. If Marco’s makes a Settlement Offer which is rejected by you, Marco’s shall be entitled to recover reasonable attorneys’ fees and expenses incurred by Marco’s (or on its behalf) from the date of the rejection of the Settlement Offer through the later of the entry of the arbitrator’s award or the subsequent confirmation of said award if the arbitrator’s award is one of no liability or the award obtained by you is less than 75 percent of such a Settlement Offer. If you make a Settlement Offer which is rejected by Marco’s and you obtain an arbitrator’s award in an amount greater than 125 percent of the Settlement Offer, you shall be entitled to recover reasonable attorneys’ fees and expenses incurred by you (or on your behalf) from the date of the rejection of the Settlement Offer through the later of the entry of the arbitrator’s award or the subsequent confirmation of said award.

Written Notice. A Party that intends to seek arbitration must first send to the other a written notice of intent to arbitrate via email (delivery receipt requested), entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to Marco’s should be addressed to: legal@marcos.com (“Arbitration Notice Address”). The Notice must: (1) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Marco’s may commence an arbitration proceeding under these terms

Exclusions and Limitations. The following matters will not be subject to arbitration but will instead be adjudicated in the appropriate court of the state where you are located: (a) an action to enforce intellectual property rights; and (b) any claim or dispute for which applicable law (as determined by a binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court. Matters within the jurisdiction of an applicable small claims court may also be brought in such court, instead of arbitration. Unless prohibited by applicable law, the substantially prevailing party in any dispute between the Parties may recover their reasonable costs and fees incurred in connection with such matter, including reasonable attorneys’ fees.

Class Waiver. You also agree that: (a) CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES; and (c) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COMPANY HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION. For avoidance of doubt, nothing in this paragraph is intended to conflict with the provision of this agreement regarding the batch resolution of 100 more Requests (defined below).

Appeal. If the arbitrator’s award exceeds $75,000, either party may appeal such award to a three-arbitrator panel administered by the AAA (or substitute arbitration organization) and selected according to “rank and strike” procedure set forth above (in the paragraph titled, Rules and Selection of Arbitrators), by filing a written notice of appeal within 30 days after the date of entry of the arbitration award. The appealing party must provide the other party with a copy of such appeal concurrently with its submission of the appeals notice. The three-arbitrator panel must issue its decision within 120 days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act. The Parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules (or the rules of the substitute arbitration organization)

Right to Opt Out. If you do not wish to be bound by these arbitration provisions, you must notify Marco’s in writing within 30 days of your acceptance of these terms. You may opt out by email to the Arbitration Notice Address. Your written notification to Marco’s must include your name, address, and phone number, as well as a clear statement that you do not wish to resolve disputes with Marco’s under these arbitration provisions. Your decision to opt out of this arbitration provision will have no adverse effect on your relationship with Marco’s. Please note that you will continue to be bound by any older arbitration provision that you did not out opt of and any arbitration provision or class action waiver that otherwise governs the Claims.

Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Marco’s agree that in the event that there are one hundred (100) or more individual requests to arbitrate Claims of a substantially similar nature filed against Marco’s by or with the assistance of the same law firm, group of law firms, or organizations within a reasonably close proximity (“Requests”), the arbitrator will: (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All Parties agree that Requests are of a “substantially similar nature” if they arise out of the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the Parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the arbitrator, and the arbitrator shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the Parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Marco’s. You and Marco’s agree to cooperate in good faith with the arbitrator to implement the Batch Arbitration approach including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

Severance and Severability. If any section of these arbitration provisions is found unenforceable, the unenforceable section shall be severed, and the remaining arbitration provisions shall be enforced, except that if the class action waiver above is found unenforceable, the entirety of the arbitration provisions shall be void, other than the jury waiver provision.

The foregoing arbitration provisions shall survive the termination of these Terms of Use.

GENERAL

You affirm that you are over the age of 16, and either more than 18 years of age or possess legal parental or guardian consent, and are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Marco’s without restriction. EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You agree that the Sites shall be deemed solely based in the state of Ohio, and that the Sites do not give rise to personal jurisdiction over Marco’s in any jurisdiction other than Ohio. These Terms of Use shall be governed by the laws of the state of Ohio, without respect to its conflict of laws principles.

These Terms of Use, together with the Privacy Policy and any other legal notices published by Marco’s, shall constitute the entire agreement between you and Marco’s concerning the Sites. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by Marco’s to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Last updated: May 10, 2024