Terms of Service

Please read these Terms of Service carefully before using the website located at food-dions.rest or any services offered by Dions. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you are prohibited from using or accessing this site and its services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Dions ("Company," "we," "us," or "our"), governing your access to and use of the website food-dions.rest (the "Site") and all related services, features, content, and functionality offered by Dions (collectively, the "Services").

By accessing the Site, placing an order, creating an account, or otherwise interacting with our Services in any way, you represent and warrant that:

• You are at least eighteen (18) years of age, or if you are under 18, you have obtained verifiable parental or legal guardian consent to use the Services;
• You have the legal capacity and authority to enter into this Agreement;
• You are not prohibited from receiving or using the Services under any applicable law;
• All information you provide to us is accurate, current, and complete.

If you are using the Services on behalf of a business entity or organization, you represent that you have the authority to bind that entity to these Terms, and the term "you" will refer to both you individually and the entity.

Your continued use of the Site after any modifications to these Terms constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.

2. Description of Services

Dions is a food-related business operating in the United States. Our Services may include, but are not limited to, the following:

• Online Food Ordering: Enabling customers to browse our menu offerings and place orders for food and beverages online through the Site;
• Delivery Services: Arranging for the delivery of food and beverage orders to specified addresses within our designated delivery zones;
• Pickup Services: Allowing customers to order online and pick up their food at our physical location(s);
• Catering and Special Orders: Offering catering services or special event food preparation upon request;
• Account Management: Providing users the ability to create and manage accounts, save preferences, track order history, and manage payment methods;
• Promotions and Loyalty Programs: Offering discount codes, promotional offers, loyalty points, or reward programs as made available from time to time;
• Customer Support: Providing customer service assistance via phone, email, or online communication tools.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

Menu items, prices, availability, delivery zones, and hours of operation are subject to change without notice. Current availability is displayed on the Site at the time of ordering. Dions makes no guarantee that any specific item will be available at any given time.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Services, you agree to:

• Provide accurate, truthful, and complete information when registering for an account or placing orders;
• Maintain the confidentiality of your account login credentials and immediately notify us of any unauthorized use of your account;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Services;
• Pay all charges incurred in connection with your account at the prices in effect when such charges are incurred;
• Ensure that the delivery address you provide is accurate and accessible during the estimated delivery window;
• Be present or make arrangements for receipt of your order at the time of delivery.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities:

• Using the Site or Services for any unlawful, fraudulent, or unauthorized purpose;
• Attempting to gain unauthorized access to any part of the Site, other user accounts, computer systems, or networks connected to the Site;
• Transmitting any viruses, malware, spyware, Trojan horses, or other harmful or destructive code;
• Using automated tools such as bots, scrapers, crawlers, or similar mechanisms to collect data from the Site without our express written permission;
• Impersonating any person or entity or falsely stating or misrepresenting your affiliation with any person or entity;
• Submitting false, misleading, or fraudulent orders or payment information;
• Engaging in any conduct that restricts or inhibits any other person from using or enjoying the Services;
• Harassing, abusing, threatening, or intimidating our employees, contractors, or other customers;
• Posting or transmitting any offensive, defamatory, obscene, or otherwise objectionable content;
• Circumventing or attempting to circumvent any security feature of the Site;
• Copying, reproducing, republishing, uploading, posting, transmitting, or distributing any content from the Site without our express written consent;
• Using the Services to engage in any commercial activity for your own benefit without our authorization;
• Violating any applicable local, state, federal, or international law or regulation.

We reserve the right to terminate your access to the Services, cancel outstanding orders, and take any other appropriate action, including legal action, if we determine, in our sole discretion, that you have violated any of these prohibitions.

4. Account Registration and Security

Certain features of our Services may require you to register for an account. When registering, you agree to provide accurate and complete information and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account.

You agree to immediately notify Dions at [email protected] of any unauthorized use of your account or any other breach of security. Dions will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

Dions reserves the right to terminate, suspend, or restrict access to any account at any time for any reason, including violation of these Terms or suspected fraudulent activity.

5. Payment Terms

5.1 Pricing and Payment

All prices for food items and services are listed in United States Dollars (USD) and are subject to applicable state and local sales taxes, delivery fees, and any other applicable charges. Prices displayed at the time of your order placement are the prices you will be charged.

By placing an order through the Site, you authorize Dions to charge your selected payment method for the total amount of your order, including any applicable taxes and fees. We accept major credit cards, debit cards, and other payment methods as displayed at checkout.

5.2 Order Confirmation

Once you submit an order, you will receive an order confirmation via email. This confirmation does not constitute acceptance of your order. We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to, item availability, errors in the description or pricing of items, or suspected fraudulent activity.

5.3 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. However, if you receive an order that is incorrect, incomplete, or does not meet reasonable quality standards, please contact us within a reasonable time of receiving your order at [email protected]. We will evaluate your concern on a case-by-case basis and may offer a refund, replacement, or credit at our sole discretion.

Orders may be cancelled without penalty prior to preparation. Once an order has entered the preparation phase, cancellations may not be possible, and no refund will be issued.

5.4 Promotional Offers

Promotional codes, discount offers, and loyalty rewards are subject to the specific terms and conditions of each promotion. Promotions may not be combined with other offers unless expressly stated. Dions reserves the right to modify or discontinue any promotion at any time without notice.

6. Intellectual Property Rights

The Site and all of its content, features, and functionality — including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software — are the exclusive property of Dions or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Dions name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Dions or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial use of the Services. This license does not include:

• Any resale or commercial use of the Site or its contents;
• Any collection and use of any product listings, descriptions, or prices;
• Any derivative use of the Site or its contents;
• Any downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Site or its content terminates the license granted herein. Dions reserves all rights not expressly granted in these Terms.

7. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE SITE;
• WARRANTIES THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
• WARRANTIES REGARDING THE TIMELINESS OF DELIVERY OR AVAILABILITY OF MENU ITEMS.

Some states do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusions and limitations may not apply to you in their entirety.

Dions does not warrant that the nutritional information, allergen information, or ingredient lists displayed on the Site are fully accurate or complete. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order to confirm ingredient information.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND APPLICABLE STATE CONSUMER PROTECTION LAWS, DIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES;
• DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE THE SERVICES;
• DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM THE CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES.

IN NO EVENT SHALL DIONS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO DIONS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF DIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you to the full extent.

9. Indemnification

You agree to defend, indemnify, and hold harmless Dions, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, 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 Service;
• Your violation of any applicable local, state, federal, or international law or regulation;
• Your use of the Site or Services in a manner not authorized by these Terms;
• Any content you submit, post, or transmit through the Site;
• Your negligence, willful misconduct, or fraudulent activity;
• Any third-party claims arising from your use of the Services;
• Your infringement of any intellectual property or other rights of any person or entity.

Dions reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

10. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Dions. These links are provided for your convenience and informational purposes only. Dions has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We do not endorse or make any representations about third-party websites, their content, or any products or services available on them. We encourage you to review the terms of service and privacy policies of any third-party websites you visit.

Your use of third-party websites and services is at your own risk and governed by the terms and conditions of those third parties.

11. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. Our Privacy Policy describes how we collect, use, and share information when you use our Services. By using the Services, you consent to our collection, use, and sharing of information as described in our Privacy Policy.

To the extent required by applicable United States law, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, and applicable state privacy laws, we maintain our practices in accordance with those requirements. Please refer to our separate Privacy Policy for full details.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Dions is registered and operates, without regard to its conflict of law provisions.

Subject to the Dispute Resolution section below, you agree that any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby consent to the personal jurisdiction and venue of such courts.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.

In connection with the foregoing, these Terms are also subject to applicable federal law, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and any other applicable federal consumer protection statutes.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute informally by contacting Dions at [email protected]. We will attempt in good faith to resolve the dispute within thirty (30) days of receiving your written notice. If the dispute is not resolved within that period, either party may proceed to formal dispute resolution as described below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. Except for claims that qualify for small claims court and claims involving infringement or misappropriation of intellectual property rights, you and Dions agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

The arbitration will be conducted in English and the seat of arbitration shall be in the United States. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND DIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. Further, unless both you and Dions agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14. Term and Termination

14.1 Term

These Terms shall remain in full force and effect for as long as you use the Site or Services. Your right to use the Services commences upon your first access to the Site and continues until terminated in accordance with these Terms.

14.2 Termination by You

You may terminate your account and cease using the Services at any time by contacting us at [email protected] and requesting account deletion. Termination will not relieve you of any obligations incurred prior to the effective date of termination, including payment obligations for orders placed.

14.3 Termination by Dions

Dions may terminate or suspend your account and access to the Services at any time, with or without cause, and with or without notice, for conduct that we believe:

• Violates these Terms or other policies;
• Is harmful to other users, third parties, or the interests of Dions;
• Involves fraudulent or illegal activity;
• Creates liability for Dions.

14.4 Effect of Termination

Upon termination, your right to use the Services immediately ceases. All provisions of these Terms that by their nature should survive termination — including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability — shall survive termination.

15. Changes to Terms

Dions reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and may, at our discretion, provide additional notice to you such as by sending an email or displaying a prominent notice on the Site.

Your continued use of the Site or Services after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services immediately.

It is your responsibility to check this page periodically for changes. We recommend that you review these Terms each time you access the Site to ensure that you understand the terms that apply to your use.

16. Severability

If any provision of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable under any applicable law or regulation, that provision will be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, the provision will be severed from these Terms.

The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect. The remaining provisions of these Terms shall continue to be valid and enforceable to the fullest extent permitted by law.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Dions on the Site, constitute the entire agreement between you and Dions with respect to your use of the Site and Services. They supersede all prior communications, representations, negotiations, and agreements, whether oral or written, between you and Dions relating to the subject matter hereof.

Any failure by Dions to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any right or provision will only be effective if it is in writing and signed by an authorized representative of Dions.

18. Force Majeure

Dions shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, strikes, lockouts, labor disputes, civil unrest, governmental actions, war, terrorism, electrical outages, internet service interruptions, or any other cause beyond our reasonable control.

In such circumstances, Dions will make commercially reasonable efforts to resume performance as soon as practicable.

19. Electronic Communications

By using the Services, you consent to receive electronic communications from Dions, including but not limited to order confirmations, receipts, promotional offers (if subscribed), and notices regarding changes to these Terms or our policies. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of promotional emails at any time by following the unsubscribe instructions included in those emails or by contacting us at [email protected]. Note that transactional or service-related communications may not be subject to opt-out.

20. Accessibility

Dions is committed to making our website accessible to all users, including those with disabilities, in compliance with the Americans with Disabilities Act (ADA) and other applicable accessibility standards. If you experience any difficulty accessing the Site or using our Services due to a disability, please contact us at [email protected] and we will make reasonable efforts to assist you.

21. Food Safety and Allergen Information

Dions takes food safety seriously and operates in compliance with applicable United States food safety regulations, including guidelines set by the U.S. Food and Drug Administration (FDA) and applicable local health department regulations.

While we make efforts to provide accurate allergen and nutritional information on our Site, we cannot guarantee that cross-contamination will not occur during food preparation. Our kitchen may process items containing common allergens including, but not limited to, gluten, dairy, eggs, nuts, shellfish, soy, and other common allergens.

Customers with known food allergies, sensitivities, or dietary restrictions are strongly advised to contact us directly at [email protected] before placing an order. Dions shall not be held liable for any adverse reactions arising from failure to disclose food allergies or dietary restrictions.

22. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us using the following information:

We endeavor to respond to all inquiries within a reasonable time, typically within two (2) to five (5) business days. For urgent matters related to your order, please contact us as soon as possible via email.