Terms & Conditions

Effective date: February 1, 2026

1. General

These terms of service (“TOS” or “Terms of Service”) constitute the agreement between you and Mark Foods, LLC (“we”, “us”, “our” or “Mark Foods”) in connection with your use of our website (the “Site”) and the services, features, content and applications on the Site (collectively, the “Services”). Our Privacy Policy and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site are also incorporated into these TOS. Our Privacy Policy can be found here: http://markfoods.com/privacy-policy. By visiting or using the Site, you expressly agree to these TOS, as updated from time to time. If you do not agree with these TOS, please do not access and/or use our Site or Services.

Some of our Services may be offered to you from time to time that are subject to additional terms and conditions, which are incorporated by reference into these TOS. If there is a conflict between these TOS and such other additional terms and conditions, such other additional terms and conditions will govern.

We may make changes to these TOS at any time. Any changes we make will be effective immediately when we post a revised version of these TOS on the Site. The “Last Revised” date above will tell you when these TOS were last revised. By continuing to use this Site after that date, you agree to the changes.

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2. Age Requirement

The Site is not intended for children under the age of 18 and no person under the age of 18 may use the Site. If you use the Site, you affirm that you are at least 18 years old. We may refuse to offer our Services to anyone and we may also change our eligibility requirements at any time, in our sole discretion.

3. Term

These TOS will remain in effect for as long as you are using our Site or Services, or until we remove your access to our Site, as provided elsewhere in these TOS. All provisions of these TOS which by their nature should survive termination shall survive termination, including but not limited to ownership clauses, warranty disclaimers, indemnification and limitations of liability.

4. Code of Conduct

You agree that you will comply with all applicable laws, rules and regulations, and that you will not:

  • Restrict or inhibit any other person from using the Site;
  • Use the Site for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
  • Submit (a) any information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
  • Submit, or provide links to any material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • Submit, or provide links to material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age or disability;
  • Engage in spamming or flooding;
  • Harvest or collect information about Site users;
  • Change, use or manipulate data in any way that is misleading to any user, customer, end user, or recipient of information.
  • Violate these TOS.

5. Ownership of Data, Content and Grant of Conditional License

The Site may contain data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips and/or HTML code, source code, or software that resides or is viewable, submitted or otherwise discoverable on the Site (collectively, the “Content”) that is owned by us or our licensors. We own a copyright in the Site and Content. We may change the Content and features of the Site at any time. We grant you a limited, conditional, non-exclusive, non-transferable, non-sub-licensable license to view or use this Site and its Content as permitted by these TOS.  As a condition precedent, you agree that you will not:

  • Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any actions conduct with or through the site;
  • Link to any portion of the Site other than the URL assigned to the home page of our Site or a URL for user storage located within the Site;
  • “Frame” or “mirror” any part of the Site;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;
  • Remove any copyright, trademark or other proprietary rights notices contained on/in the Site;
  • Use any robot, spider, offline reader, Site, search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, including with respect to any CAPTCHA that may be displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time;
  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content; or
  • Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.

The license that we are giving you to use the Site and its Content is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Data, Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights and/or the copyrights of our licensors and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.

6. Claims of Copyright Infringement On The Site

Under the Digital Millennium Copyright Act (the “DMCA”) if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at https://www.copyright.gov/legislation/dmca.pdf.

Notices and counter-notices should be sent to:

Mark Foods, LLC

1115 Broadway #301

New York, NY 10010

There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.

7. Links

The Site may contain links and access to other websites or apps that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked websites. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other websites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

8. Violation of these TOS

If you believe that another user of the Site has violated these TOS, you may contact us at info@markfoods.com. We may investigate any violation of these TOS, including unauthorized use of the Site. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these TOS. If we determine that you have violated these TOS or the law, or for any other reason or for no reason, prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these TOS. You agree that we will not be liable to you or any third party for termination of your access to the Site or any related information, and we will not be required to make the Site or any related information available to you. We may refuse to honor future transactions we believe may be associated with you.

You agree that your abusive use of the Site may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Site are difficult to determine and that you, and those acting with you, will be jointly and severally liable for liquidated damages.

You hereby grant us the right to initiate and take any legal actions which we deem necessary in case of infringement of any Third Party Account Content in connection with the Services or Site.

9. Disclaimer of Warranties

WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

10. Indemnity

You agree to indemnify, defend and hold harmless us, our affiliates and our and our affiliates’ owners, parents, partners, shareholders, members, subsidiaries, managers, directors, officers, employees, contractors, agents, licensors, suppliers, agents, representatives and attorneys from and against any and all claims, liabilities, damages, losses, costs and expenses, including court costs and reasonable attorneys’ fees, resulting from, relating or attributable to, or arising out of (i) your breach of, or failure to comply with, any of these TOS, (ii) any fraud, manipulation, deception, or misrepresentation by you, (iii) your access to, or use of, the Site, Services and/or the Content, (iv) any actions that take place through your access to the Site, Services and/or the Content, (v) any violation of any law or regulation by you, and (vi) any dispute between you and another user of the Site or Services (whether you and/or such other user are registered or unregistered). Neither we nor our affiliates or licensors have any duty to reimburse, defend, indemnify, or hold you harmless, including with respect to any claim, liability, damage, loss, cost, or expense resulting from, relating or attributable to, or arising out of, our TOS, the Site, Services or the Content or your use of, or access to, the Site, Services or the Content.

11. Limitation of Liability

In no event will we be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, equity, strict liability, or otherwise, which arises out of or is in any way connected with the operation of, any use of (or inability to use) the Site, Services, Content or any failure or delay in the operation of the Services, even if advised of the possibility of such damages. Notwithstanding the foregoing, if we should be found liable for any loss or damage which arises out of or is in any way connected with the Services, Content or any of the products or services offered on the Site or Services, our liability will be limited to $500.

12. Revisions

These TOS are subject to revision. We will notify you of any changes to our TOS by posting the new TOS on this Site. After we make any changes, we will change the “Last Revised” date above. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on the Site. You are responsible for providing us with your most current e-mail address. If the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these TOS will be effective upon the earlier of thirty (30) calendar days following the sending of our e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes. These changes will be effective immediately for new users of our Site. The continued use of the Site following notice of such changes constitutes your agreement to be bound by the terms and conditions of such changes.

13. Disputes

The following terms will govern all disputes, claims and causes of action arising out of or relating to the Site or Services, these TOS and/or our Privacy Policy (collectively, “Disputes”): As a condition precedent to filing any Dispute in court, you must provide us with 60 days’ advance, written notice describing the nature of the Dispute, and must work in good faith with us to achieve a mutually agreeable resolution of the Dispute. You agree that, to the fullest extent permitted by applicable law, any and all Disputes will be resolved on an individual basis, without resort to any form of class action or mass action. You agree to bring any and all Disputes against us within one year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred. You consent and submit to the exclusive jurisdiction of the state and federal courts in and for New York County, New York, USA for all Disputes. Except as otherwise provided in these TOS, we may (but are not obligated to) deliver notices to you via electronic mail at any email associated with you in our databases. Notice to us may be made by mail at the mailing address shown under Questions, below.

14. Miscellaneous

Along with our Privacy Policy, these TOS are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Site and Services. If any provision of these TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these TOS will otherwise remain in full force and effect and enforceable.

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The communications between you and Mark Foods may use electronic means, whether you use the Site, Services or send us emails, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were to be made via a hardcopy writing. This does not affect your non-waivable rights. Electronic notices should be sent to info@markfoods.com.


Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

15. Questions

If you have any questions, comments or complaints regarding these TOS or the Site, please contact us at:

Mark Foods, LLC
info@markfoods.com

1115 Broadway #301

New York, NY 10010

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