Terms of Use

1. Acceptance of Terms

By accessing and using the Marco Pizza website (the "Site"), you accept and agree to be bound by the terms and provision of this agreement. In addition, when using this Site's particular services, you shall be subject to any posted guidelines or rules applicable to such services.

If you do not agree to these Terms of Use, please do not use this Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes.

2. Use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate Marco Pizza, a Marco Pizza employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site

3. Online Ordering

3.1 Order Acceptance

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to refuse or cancel any order for any reason at any time. We may require additional verifications or information before accepting any order.

3.2 Pricing and Availability

All prices are subject to change without notice. We strive to provide accurate pricing information; however, we cannot guarantee against pricing errors. If a pricing error is discovered, we reserve the right to cancel your order.

3.3 Delivery Areas

Delivery is available only within our designated delivery areas. If you are outside our delivery area, you may be able to place an order for pickup at one of our locations.

4. Payment Terms

We accept various forms of payment as indicated on the Site. You represent and warrant that you have the legal right to use any payment method you provide. All payments are processed through secure third-party payment processors.

5. Intellectual Property

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Marco Pizza, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6. User Accounts

If you create an account on our Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

7. Privacy

Your use of the Site is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Marco Pizza shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of or inability to access or use the Site
• Any conduct or content of any third party on the Site
• Any content obtained from the Site
• Unauthorized access, use, or alteration of your transmissions or content

9. Indemnification

You agree to defend, indemnify, and hold harmless Marco Pizza, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site.

10. Governing Law

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any choice or conflict of law provision or rule.

11. Changes to Terms

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

12. Contact Information

If you have any questions about these Terms of Use, please contact us:

13. Effective Date

These Terms of Use are effective as of January 1, 2025.