Terms of Use

Effective Date: [01/17/2025]
These Terms of Use (“Terms”) set forth a legally binding agreement between you and Marc Glassman Inc. d/b/a Marc’s Stores (“Marc’s,” “we,” “our,” or “us”) and govern your use of our website, www.marcs.com (the “Site”), and your use of our mobile app, Marc’s Pharmacy Mobile App (the “App,” and together with the Site, collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING MARC’S LIABILITY AND REQUIRING YOU TO RESOLVE DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS. PLEASE SEE SECTIONS 9 - 11.

These Terms may change over time, in which case we will post the modified Terms on this page and change the Effective Date. Your continued use of the Services following a change to these Terms signals your acceptance of the modification(s). In some instances, both these Terms and separate terms setting forth additional conditions may apply to a service or product offered via the Services (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

By using the Services, you acknowledge and agree to all terms and conditions contained in these Terms and you consent to the collection, use, and sharing of your information as described in our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

1. USE OF THE SERVICES

     a. Content.

The Services may contain (i) materials and other items relating to Marc’s and its Services including: data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Services; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Marc’s; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All rights, title, and interest in and to the Services and the Content is the property of Marc’s, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws, to the fullest extent possible.

     b. Limited License.

Subject to your strict compliance with these Terms, Marc’s grants you a limited, non-exclusive, revocable, worldwide, non-assignable, personal, and non-transferable license to download, display, view, and use the Services, and to retain one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Services or any Content; and (ii) may be immediately suspended or terminated for any reason, in Marc’s sole discretion, and without advance notice or liability. Your unauthorized use of the Services or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

     c. Restrictions.

If you access, register an account, or otherwise use the Services, you represent you are at least the age of majority in your jurisdiction. If you are under the age of majority, you represent that if you access the Services, you will do so under the supervision of a legal guardian who agrees to be bound to these Terms on your behalf.
You agree to comply with all national, federal, state, and local laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Services and Content. You further agree that you will not: (i) use the Services or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Services or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Marc’s; (iii) harvest any information from the Services or Content; (iv) infringe any intellectual property right or other right of any third party; (v) reverse engineer or modify the Services or Content; (vi) interfere with the proper operation of the Services or its security features; (vii) use the Services or Content in a manner that suggests an unauthorized association with Marc’s or any other party, or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms.

     d. Reservation of All Rights.

All rights not expressly granted to you are reserved by Marc’s and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Services or Content for any purpose is prohibited.

2. ACCESS TO THE SERVICES

     a. Account Creation.
Certain features and functionality of the Services may require the creation of an account by entering your name and email address and providing other required registration information. If you create an account on the Services, you are solely responsible for the accuracy of your registration information (and for updating and maintaining it) and liable for the security and confidentiality of your access and for all activity under your account. You will immediately notify us at CustomerRelations@marcs.com if you suspect any unauthorized use of your account, or any other breach of security. You shall not sell, transfer, or assign your account or any account rights.

Your use of the Services must be in accordance with any and all procedures, forms, formats, displays, and operating times which may be determined, specified, or modified by Marc’s in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Services or to receive any communications from Marc’s.

     b. Availability of the Services.

The Services may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of Marc’s, access to the Services may be interrupted or suspended from time to time. Marc’s shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, Content, availability, and equipment needed for access or use.

     c. Suspension or Termination of the Services.
Marc’s may immediately suspend or terminate the availability of the Services, in whole or in part, to any individual user or all users, for any reason, in Marc’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Services, or upon notice from Marc’s, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services.

3. CONTENT YOU SUBMIT

You may now or in the future have the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site (collectively, “Submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions,  or other information or materials and the ideas contained therein (collectively, but excluding any Content included therein, “User Content”). You acknowledge that any User Content that you Submit through the Site will be deemed to be non-confidential and may be disclosed through the Site to other parties on a worldwide basis, including for browsing, downloading, printing, and other uses by such other persons or entities.

You agree that Marc’s shall have, and hereby grant to Marc’s, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, or use, in any form or media, any User Content that you Submit to Marc’s. Marc’s does not endorse any User Content, or third-party product or service that may appear in connection with use of the Site. Nothing in these Terms shall obligate Marc’s to use any User Content you Submit or permit the posting of such User Content on any website or platform.

Please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you Submit are deemed User Content and licensed to us as set forth above. Marc’s receipt of your Unsolicited Ideas and Materials is not an admission by Marc’s of their novelty, priority, or originality, and it does not impair Marc’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

You agree not to Submit User Content through this Site or to Marc’s except for User Content that is fully authorized for purposes of the Site and compliant with these Terms. By providing User Content in connection with the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to Submit the User Content. It is your obligation to determine the extent to which User Content you Submit is protected by applicable intellectual property laws. You agree that you will not engage in any activity or conduct, or Submit any User Content or other material, that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable and that you will not cause damage, embarrassment, or adverse publicity to Marc’s.

You will Submit only User Content that is functionally and technically compatible with this Site. You will not attempt to damage, corrupt, tamper with, or infect the Site, the Content, or any information or telecommunication system of Marc’s with a virus or other malicious computer program. You will only use the Site for the permitted purposes stated in these Terms and will not engage in abusive activity with respect to the Site or undertake any other activity which may adversely affect the use or enjoyment of the Site by any person. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., network probing tools) is strictly prohibited. If you become involved in any violation of system security, Marc’s reserves the right to release your details to system administrators of other websites and services and law enforcement authorities in order to assist them in resolving security incidents.

4. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT

If you are a copyright owner who believes in good faith that materials hosted by us, including User Content, infringe your copyright, please provide the information requested below (including paragraph numbers) in the order requested:

     1. A clear identification of the copyrighted work you claim was infringed;

     2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow
         us to locate that material on our Service, such as a link to the infringing material;

     3. Your contact information so that we can reply to your complaint, preferably including an email address and
          telephone number;

     4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright
          infringement is not authorized by the copyright owner, its agent, or the law;”

     5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is
         accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that
         is allegedly infringed;” and

     6. Your physical or electronic signature.

The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claims of copyright infringement on our Service should be emailed or mailed, at your choice, to:

      By Email: CustomerRelations@marcs.com

      By Mail: Marc Glassman Inc. d/b/a Marc’s Stores

      Attn: DMCA Agent
      5841 W 130th Street
      Parma, Ohio 44130
      (216) 265-7700

It is our policy to respond expeditiously when we receive a clear and complete notice of alleged copyright infringement that complies with the Digital Millennium Copyright Act (the “DMCA”). If we receive proper notification of claimed copyright infringement, we will remove or disable access to material claimed to be the subject of infringing activity in accordance with the DMCA, and in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

If you believe that your content that was removed from the Services is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter notice containing the following information to the DMCA agent:

     1. A legend or subject line that says: “DMCA-Counter Notification;”

     2. Clear identification of the content that has been removed and the location at which the content appeared before
         it was removed;

     3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a
         misidentification of the content;

     4. Your contact information, preferably including an email address and telephone number;

     5. A statement that you consent to the jurisdiction of the federal court closest to Parma, Ohio and a statement that
          you will accept service of process from the person who provided notification of the alleged infringement; and

     6. Your physical or electronic signature.

If a counter notice is received by the DMCA agent, Marc’s may send a copy of the counter notice to the original complaining party informing that person that it may replace the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced after receipt of the counter notice, at Marc’s sole discretion.

We suggest that you consult your legal advisor before filing a notice or counter notice. Also, please note that you may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

5. RELIANCE ON SITE CONTENT AND CONTENT ACCURACY

Marc’s assumes no responsibility regarding the accuracy, currency, or usefulness of the Content provided by or presented on the Site. Any reliance you place on such information is strictly at your own risk. Marc’s disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its Content.

Marc’s will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. Marc’s reserves the right to correct any errors and to update Site information at any time.

The statements and/or opinions expressed in these third-party links are solely the opinions and the responsibility of the person or entity providing those materials.

6. DATA PRIVACY

You understand, acknowledge, and agree that the operation of certain areas of the Services and the creation of an account may require or involve the submission, use, and dissemination of various personal information including, but not limited to, your phone number, email address, and zip code. When you use the Services, we may store, process and access Personal Information (as described in our Privacy Policy). If GPS, geo-location, or other location-based features are enabled on the device where the App is accessed, you acknowledge that your device location may be tracked and may be shared with others consistent with the Privacy Policy. Use location-based services at your own risk as location data may not be accurate.

For more information on Marc’s practices regarding collection and use of personal information, please visit our Privacy Policy.

7. THIRD-PARTY SITES AND OTHER INFORMATION

The Services may contain, as a convenience to you, content, links, and other information submitted by third parties over whom Marc’s has no control or responsibility. Marc’s has no obligation to monitor, control, or restrict the use of the Services, or third-party websites or services accessible via links available as part of the Services. These other websites are not under Marc’s control, and you acknowledge that, whether or not such websites are affiliated in any way with Marc’s, Marc’s is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of any website by Marc’s or any association with its operators.

8. WARRANTY DISCLAIMER

THE SERVICES, THE CONTENT, AND ITS LINKS AND COMMUNICATIONS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. MARC’S DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND FREEDOM FROM MALWARE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9. LIMITATIONS ON LIABILITY

MARC’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH MARC’S (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICES OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SERVICES. MARC’S, ITS AFFILIATES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MARC’S HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MARC’S, ITS AFFILIATES’, AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. MARC’S DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH A WEBSITE OR AS PART OF THE SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF MARC’S WILL BE LIMITED TO ANY AMOUNT PAID TO MARC’S BY YOU IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES THAT UNDERLIE THE CLAIM.

10. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY MARC’S.

11. DISPUTE RESOLUTION; CLASS ACTION WAIVER; JURY TRIAL WAIVER

Important: This Section (Section 11) limits certain LEGAL rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class, collective, or representative claim or action, and the right to certain remedies and forms of relief. Other rights that we or you would have in court, such as an appellate review, also may not be available in the arbitration processes described within this Section. Please review carefully.

     a. Mandatory Binding Arbitration for Resolution of Claims or Disputes

Any claim or dispute between you and Marc’s arising out of or relating in any way to your use of the Services, these Terms, or Additional Terms (collectively, “Dispute”) must be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the Dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory.

     b. Waiver of Right to Bring Claims in Court and to Have Them Heard by a Judge and Jury.

You specifically acknowledge and agree that you waive your right to bring a lawsuit for any Dispute, and to have such lawsuit resolved by a judge or jury TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

     c. Waiver of Right to Participate in Class, Representative, and Collective Actions.
All arbitrations in connection with any Dispute shall be conducted on an individual (not a class-wide) basis. You acknowledge and agree that with regard to any claims relating in any way to any Dispute, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims without the consent of Marc’s. You agree you will not proceed in any court or arbitration proceedings as a representative of others, join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. An arbitrator shall have no authority to certify a class or award class-wide relief, including injunctive relief. Your waivers of your rights to bring or participate court proceedings and as a representative or member of a class or collective action applies specifically, but is not limited to, claims brought under Ohio’s Consumer Fraud Act, California’s Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, and any other state consumer protection laws.

Notwithstanding any other clause contained in these Terms, any challenge to the validity of this Class and Collective Action Waiver must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Class and Collective Action Waiver is held to be unconscionable or unenforceable, then the Dispute must be brought exclusively in a state or federal court in Ohio. Accordingly, you and Marc’s consent to the exclusive personal jurisdiction and venue of such courts for such matters. Moreover, any action that proceeds in state or federal court shall be tried to a judge and not a jury.

     d. Exceptions to Arbitration Agreement.

You and Marc’s each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 11(e)(v)): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Marc’s agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to Section 3 of the Federal Arbitration Act.

     e. Arbitration Procedures.

          (i) INFORMAL DISPUTE RESOLUTION.

Before commencing any arbitration proceedings under these Terms, you must first present your Dispute to Marc’s by emailing CustomerRelations@marcs.com and allowing Marc’s the opportunity to resolve the Dispute. You must describe the nature of your Dispute, the basis for your claims and the resolution you are seeking. If your Dispute is not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with these Terms.

During the sixty (60) days from the date you first contacted us, you and we agree to engage in good faith efforts to resolve the Dispute. During this 60-day time period you and we agree to toll any statutes of limitations that may apply, along with any filing deadlines.

          (ii) ARBITRAL BODY.

Disputes shall be resolved solely by a single, neutral arbitrator of the American Arbitration Association (“AAA”) using the prevailing rules of the AAA, including the AAA’s Consumer Arbitration Rules and AAA Mass Arbitration Supplementary Rules, as modified by this Arbitration Agreement. These rules are available by calling the AAA, at 1-800-778-7879, or by visiting its website at www.adr.org. Alternatively, the arbitration may be conducted by any other arbitration administration service that you and an officer or legal representative of Marc’s consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau), or the provincial or territorial judicial district, as applicable, where you are a resident at the time the Dispute is submitted to arbitration.

          (iii) ARBITRATION FEES.

You and Marc’s will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Marc’s to pay a greater portion or all of such fees and costs in order for this Section 11 to be enforceable, then Marc’s will have the right to elect to pay the fees and costs and proceed to arbitration.

You are responsible for paying your portion of the fees set forth in the AAA fee schedule. Except as modified by the Additional Procedures for Multiple Case Filings, Marc’s will pay all remaining fees. If you believe you cannot afford the AAA fee, you may apply to AAA for a fee waiver.

          (iv) ATTORNEYS’ FEES.

You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing parties’ attorneys’ fees provision as part of any statute under which you may bring a claim.

          (v) CHOICE OF LAW.

These Terms will be interpreted and construed by the United States Federal Arbitration Act and the laws of the state of Marc’s. Other laws may apply to underlying substantive claims. All questions or disputes regarding the validity, effect, applicability, and enforceability of the arbitration provisions of these Terms and of the waiver of class action lawsuit and waiver of class-wide arbitration are to be determined solely by a court and not an arbitrator. ) If, for any reason, this Arbitration Agreement (Section 11) is held to be unconscionable or unenforceable or for judicial proceedings that are excluded from the Arbitration Agreement in Section 11(c), then the parties hereby submit to the exclusive jurisdiction of the state or federal court located in Parma, Ohio, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction of courts located in Parma, Ohio.

          (vi) ADDITIONAL PROCEDURES FOR MULTIPLE CASE FILINGS.

You and we agree that these Additional Procedures for Multiple Case Filings (in addition to the other terms of this Arbitration Agreement and AAA Mass Arbitration Supplementary Rules) shall apply if you participate in a Multiple Case Filing. To the extent these procedures conflict with the AAA Consumer or Mass Arbitration Supplementary Rules, these procedures apply. If twenty-five (25) or more similar Disputes (including yours) are instituted against Marc’s by the same or coordinated counsel or otherwise are coordinated by the AAA, Marc’s, in its sole discretion, may elect to opt the Disputes out of arbitration and require the Disputes to proceed in a court of competent jurisdiction consistent with the remainder of these Terms, including the Class and Collective Action Waiver. Notwithstanding this option available to Marc’s, counsel for the parties may mutually agree to proceed in arbitration using agreed upon bellwether, batching or similar procedures to reduce the costs and gain efficiencies associated with litigating multiple cases. If such bellwether, batching, or similar procedures are used, the remaining similar Disputes instituted by the same or coordinated counsel shall not be deemed filed for purposes of assessing arbitration fees until the first batch or set of bellwether cases are arbitrated and the remaining Dispute(s) are selected for arbitration. If these Additional Procedures apply to your claim, any applicable statute of limitations shall be tolled from the time the first cases are selected for a bellwether, batched or similar procedure until your claim is selected for a bellwether, batched or similar procedure, withdrawn or otherwise resolved.

          (vii) OPT-OUT OF MANDATORY ARBITRATION.

You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in this Section 11 by sending written notice of your decision to opt-out to the following email address: CustomerRelations@marcs.com, using the subject line “Arbitration Opt-Out.” The notice must be sent within thirty (30) days from the date you first are presented with the arbitration agreement; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Section 11. If you opt-out of these arbitration provisions, Marc’s also will not be bound by them.

          (viii) SEVERABILITY.

In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

          (ix) SURVIVAL.

Except as provided in Section 11(e)(viii), this Section 11 will survive any termination of these Terms and will continue to apply even if you stop using the Services.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Marc’s from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the Services; (iii) your User Content; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (vi) any misrepresentation made by you. Marc’s reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Marc’s defense of any claim. You will not in any event settle any claim without the prior written consent of Marc’s.

13. TERMS OF SALE

     a. Order Acceptance.
You can purchase certain Products on the Services. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order (the “Order”). By confirming your purchase during the checkout process on the Services, you agree to pay for your Order. All Orders must be accepted by Marc’s in order to become a binding obligation to sell you products via the Services.

Marc’s reserves the right to, in its sole discretion and for any reason, on a case-by-case basis, to do the following:

     i. Reject or cancel any Orders even after a confirmation email has been sent with the Order number and details.
        Some situations that may result in an Order being canceled include limitations on quantities available for
         purchase, inaccuracies, or errors in product or pricing information, or problems identified by Marc’s credit and
         fraud avoidance department. Marc’s will notify you in the event of an Order cancellation. If your Order is canceled
         after your credit card (or other payment account) has been charged, Marc’s will issue a credit to your credit card
         (or other applicable payment account) in the amount of the charge.
     ii. Limit the quantity of items purchased per person, per household, or per Order. These restrictions may be
         applicable to Orders placed by the same account, the same credit card, and also to Orders that use the same
         billing and/or shipping address. Marc’s will provide notification to the customer should such limits be applied.
     iii. Limit the sales of its products to any person, geographic region, or jurisdiction.
     iv. Items on our catering menus can vary by location and are subject to supply availability.
     v. Require additional verification or information before accepting any Order. Marc’s will contact you if additional
          information is required to accept your Order.

Any coupons are subject to our Coupon Policy.

     b. Payment Details.

All prices published on the Services are set by Marc’s in its sole discretion and we may change our prices from time to time. Marc’s accepts credit and debit cards as defined in our Payment Policy. You represent and warrant that (i) the credit card or debit card information you provide to Marc’s and/or our Payment Processor (as defined below) is true, correct, and complete; (ii) that you are the person in whose name the credit card or debit card was issued and/or you are authorized to make a purchase with the relevant credit card or debit card; (iii) charges incurred by you will be honored by your credit/debit card company or bank; and (iv) you will pay the charges incurred by you in the amounts posted, including any applicable taxes.

You will promptly notify Marc’s if your payment information has changed, if your payment method has been canceled, or if you become aware of a breach of security. If your payment card details change or are due to expire, we may request updated payment details from you, including your card number, expiration date, and CVV (or equivalent).

All credit card, debit card, and other monetary transactions on or through the Site occur through an online payment processing application that is provided by our third-party payment processor, Fiserv (“Payment Processor”). Your use of the payment application may be subject to additional Payment Processor terms, which will be presented to you at the time of checkout. If our Payment Processor is unable to secure funds from your payment method for fees that are due for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, Marc’s may undertake further collection action, including application of fees to the extent permitted by law, and reserves the right to suspend or terminate your access to the Services.

You agree to waive all claims against Marc’s and its third-party affiliates, including our third-party Payment Processor, related to any unauthorized payments made on or through the use of your Site account outside of Marc’s control, regardless of whether such payments are authorized or unauthorized.

     c. Delivery Terms.

Marc’s will arrange for shipment or pick up of your Order. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

Title and risk of loss pass to you upon Marc’s transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. Marc’s is not liable for any delays in shipments.

     d. Refunds and Returns.

Any returns or refunds are subject to our Refund Policy.

     e. Pickup Terms.

We may offer you the opportunity to place an Order for pickup in stores, including items shipped to a store of your choice for pickup in store. When you place your order, you will be prompted to select a one (1)-hour pickup window. You order will be processed, packed, and ready for pickup during that timeframe. We will notify you in the event that an item is unavailable at that store. Orders or order modifications must be made a minimum of forty-eight (48) hours ahead of the pickup date and time. Once your order is ready for pickup, you will be notified and charged for such item(s). If someone else will be picking up your order, you must designate them as an alternate pickup person when ordering.

For orders that contain any fresh or frozen grocery items, your order will be held until store close of the next business day. If you do not pick up your order by the close of the next business day, your order will be canceled, and you will not be entitled to a refund.

14. MOBILE APP TERMS

     a. Terms Specific to Apple Mobile Devices.
If you are accessing or using our App on any Apple mobile device, the following additional terms and conditions are applicable to you and are incorporated into these Terms by this reference:

     i.  To the extent that you are accessing the App through an Apple mobile device, you acknowledge that these Terms
          are between you and Marc’s, and that Apple, Inc. (“Apple”) is not a party to these Terms other than as a
          third-  party beneficiary as contemplated below.
     ii. The license granted to you in Section 1 of these Terms is limited, non-transferable, and subject to the permitted
           Usage Rules set forth in the App Store Terms of Service located at www.apple.com/legal/itunes/us/terms.html.
           The license is limited to use the App on any Apple-branded products that you own or control as permitted by
            these Terms, except that the App may be accessed and used by other accounts associated with you via “Family
            Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing.
     iii.  You acknowledge that Marc’s, and not Apple, is responsible for providing the App and content thereof.
     iv.   As between Marc’s and Apple, Marc’s is solely responsible for providing any maintenance and support services
            with respect to the App that Marc’s may offer (which, if provided, is provided at Marc’s sole discretion). You
            acknowledge that Apple has no obligation whatsoever to furnish maintenance or support services with respect
            to the App.
     v.   You and Marc’s acknowledge that Marc’s, not Apple, is responsible for addressing any of your claims or any
           third-party claims relating to the App or your possession and/or use of the App, including but not limited to (i)
           product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory
            requirement; and (iii) claims arising under consumer protection or similar legislation.
     vi. Further, you agree that if the App or your possession and use of the App infringes a third party’s intellectual
            property rights, Marc’s, not Apple, will be solely responsible for the investigation, defense, settlement, and
            discharge of any such intellectual property infringement claim, but only to the extent it relates to your use of
            the App.
     vii. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms,
             and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted
             the right) to enforce these Terms against you as a third-party beneficiary thereof.
     viii. When using the App, you agree to comply with any and all third-party terms that are applicable to any
             platform, website, technology or service that interacts with the App. You may not use the App on a device that
              has firmware or software configuration that has not been authorized by Apple (“jailbroken”) device.
     ix.  TO THE EXTENT ANY WARRANTY REGARDING THE APP ARISES BY LAW OR HAS NOT BEEN DISCLAIMED UNDER
           THESE TERMS, MARC’S, AND NOT APPLE, IS SOLELY RESPONSIBLE FOR SUCH WARRANTY. IF YOU ARE A
           CUSTOMER OF THE SERVICES AND IF THE APP FAILS TO CONFORM TO SUCH WARRANTY, YOU MAY NOTIFY
           APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) PAID FOR THE LICENSE TO THE APP. TO THE
            MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION
            WHATSOEVER WITH RESPECTED TO THE APP, AND ANY OTHER CLAIMS, LOSS, LIABILITIES, DAMAGES, COSTS OR
             EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO THE WARRANTY IS MARC’S SOLE RESPONSIBILITY.

     b. Terms Specific to Android Mobile Devices.

The terms and conditions of this paragraph apply to you only if you downloaded the App through Google, Inc.’s (Google, Inc. together with all of its affiliates, “Google”) Google Play Store and are incorporated into these Terms by this reference. The license granted in Section 1 is limited to access the App by way of download via Google Play Store, except that the App may be used by a family group and family members whose accounts are joined together for the purpose of creating a family group. You acknowledge and agree that these Terms are between you and Marc’s, and that Google is not a party to these Terms and Google is not responsible for providing support services for the App. If any of the terms and conditions in these Terms are inconsistent with the Google Play Development Distribution Agreement (the current version as of the date of these Terms is located at: https://play.google.com/about/developer-distribution-agreement.html). The terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

15. GENERAL PROVISIONS

     a. Severability; Interpretation; Assignment.
If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. The summaries of provisions and Section headings are provided for convenience only and shall not limit the full Terms. Marc’s may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Marc’s.

     b. Complete Agreement; No Waiver.
These Terms reflect our complete agreement regarding the Services and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Services. Except as expressly set forth in these Terms, (i) no failure or delay by Marc’s in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by Marc’s.

     c. Investigations; Cooperation with Law Enforcement.
Marc’s reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Marc’s may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

     d. Export Control.
The App may be subject to U.S. export control laws, including the Export Control Reform Act and its associated regulations. you shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, prior to exporting, re-exporting, releasing, or otherwise making the App available outside the U.S. You represent and warrant that you are not (i) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) listed on any U.S. government list of prohibited or restricted parties.

     e. Electronic Communications.
We may communicate with you electronically in regard to the Services, including by email, and we may collect information related to communications between you and Marc’s. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Services, your action is intended as an electronic signature which binds you as if you had signed on paper.

     f. Governing Law.
These Terms, your rights and the rights of Marc’s within these Terms shall be governed by and construed in accordance with the laws of Ohio, without regard to choice of law principles.

16. CONTACT INFORMATION
If you have any questions regarding these Terms or the Services, you may contact us by email at CustomerRelations@marcs.com with any questions. Reach out to marcs@marcs.com with any questions.