Terms of Service

Please read these Terms of Service carefully before using the website located at food-dions.top (the "Website") or any services offered by Dions ("Company," "we," "us," or "our"). By accessing or using our Website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use our Website or services.

1. Acceptance of Terms

By visiting, browsing, registering on, or otherwise using the Website at food-dions.top, placing an order, or engaging with any of our food-related services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Dions. If you are using our services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you individually and that entity.

We reserve the right to modify these Terms at any time. Continued use of our Website or services after any such changes constitutes your acceptance of the revised Terms. We will post the updated Terms on this page with a revised effective date. It is your responsibility to review these Terms periodically.

You must be at least 18 years of age to use our services or enter into these Terms. By using our Website, you represent and warrant that you are 18 years of age or older. If you are under 18, you may only use our Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Dions is a food business operating in the United States that provides customers with food products, meals, catering services, online ordering capabilities, and related food service offerings (collectively, the "Services"). Our Services may include, but are not limited to:

• Online ordering of food items for pickup or delivery
• Browse and selection of menu items through our Website
• Catering and special event food services
• Promotional offers, loyalty programs, and discounts
• Customer account creation and management
• Customer support and communication services
• Nutritional information and allergen disclosures
• Gift cards or vouchers (where applicable)

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

The availability of certain menu items, services, or features may vary based on location, time, or other factors beyond our control. We do not guarantee the continuous availability of any specific menu item or service offering.

All food products are prepared in facilities that may handle common allergens including but not limited to peanuts, tree nuts, dairy, eggs, wheat, soy, fish, and shellfish. Customers with food allergies or dietary restrictions are solely responsible for reviewing allergen information prior to placing an order and must notify us of any allergies before ordering.

3. User Accounts and Registration

To access certain features of our Website or Services, you may be required to create a user account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Maintain the security and confidentiality of your password and account credentials
• Accept all responsibility for any and all activities that occur under your account
• Immediately notify us of any unauthorized use of your account or any other security breach
• Ensure that you exit from your account at the end of each session

We reserve the right to suspend or terminate your account at any time and for any reason, including if we believe that you have violated these Terms. We will not be liable for any loss or damage arising from your failure to comply with these account security obligations.

You may not transfer your account to another person or use another person's account without authorization. Each user is permitted to maintain only one account unless expressly authorized by us in writing.

4. User Obligations and Prohibited Activities

By using our Website and Services, you agree to comply with all applicable federal, state, and local laws and regulations of the United States and the jurisdiction in which you reside. You agree to use our Website and Services only for lawful purposes and in a manner that does not infringe the rights of others.

4.1 General User Obligations

You agree to:

• Provide truthful and accurate information when placing orders or communicating with us
• Pay for all products and services you order in accordance with the applicable payment terms
• Be present or available to receive delivery at the designated location and time
• Treat our staff, delivery personnel, and other users with respect and courtesy
• Comply with any specific terms, policies, or instructions provided in relation to specific promotions or offerings

4.2 Prohibited Activities

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

Violation of any of the above prohibited activities may result in immediate suspension or termination of your account, cancellation of pending orders, and may subject you to legal action as permitted under applicable law.

5. Ordering, Pricing, and Payment Terms

All orders placed through our Website are subject to acceptance by Dions. We reserve the right to refuse or cancel any order at any time for reasons including but not limited to product unavailability, errors in pricing or product description, or suspicion of fraudulent activity.

5.1 Pricing

All prices listed on our Website are in United States Dollars (USD) and are subject to applicable sales tax as required by federal, state, and local law. Prices are subject to change at any time without prior notice. The price charged at the time of order placement will be the final price unless an error has occurred, in which case we will notify you and allow you to reconfirm or cancel the order.

5.2 Payment Methods

We accept payment via the methods listed on our Website at the time of checkout, which may include major credit cards, debit cards, and digital payment platforms. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided
• The payment information you provide is accurate and complete
• You authorize us to charge the applicable amount to your payment method

5.3 Taxes

You are responsible for any applicable taxes, duties, or fees associated with your purchase. We will collect and remit applicable sales taxes as required by the laws of the United States and applicable state and local jurisdictions.

5.4 Refunds and Cancellations

All sales are generally final once an order has been accepted and preparation has begun. Refunds or cancellations may be considered on a case-by-case basis in accordance with our Refund Policy. For food safety reasons, we cannot accept returns of food items unless the product is defective, spoiled, or does not match the order placed.

6. Delivery and Pickup

Delivery services, where available, are subject to additional terms including delivery area restrictions, minimum order amounts, and estimated delivery times. Delivery times are estimates only and are not guaranteed. Dions shall not be liable for delays caused by factors outside our reasonable control, including traffic conditions, weather events, or force majeure circumstances.

If you are not available to receive a delivery at the designated time and location, we may leave your order in a safe location at the driver's discretion, cancel the delivery, or charge a re-delivery fee. Risk of loss and title to food items passes to you upon delivery or pickup.

7. Intellectual Property Rights

All content available on or through the Website, including but not limited to text, graphics, logos, images, photographs, menu designs, audio clips, digital downloads, data compilations, software, and the overall look and feel of the Website (collectively, the "Content"), is the exclusive property of Dions or its content suppliers and is protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and trademark 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 the prior written permission of Dions. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

7.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, distribute, or publicly display any Content
• Modify or create derivative works based on the Content
• Use the Content for any commercial purpose
• Remove or alter any copyright, trademark, or other proprietary notices
• Use data mining, robots, or similar data gathering or extraction tools

7.2 User-Submitted Content

If you submit any content to our Website, including reviews, comments, photographs, or feedback ("User Content"), you grant Dions a non-exclusive, worldwide, royalty-free, irrevocable license to use, reproduce, modify, publish, distribute, and display such User Content in connection with our business operations. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not violate any third-party rights or applicable laws.

8. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL SERVICES, CONTENT, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER 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: We make no warranty that our food products or services will meet your expectations or requirements.
• FITNESS FOR A PARTICULAR PURPOSE: We make no warranty that our products or services are suitable for any specific dietary, health, or personal requirements you may have.
• NON-INFRINGEMENT: We make no warranty that the Website or its content does not infringe the rights of third parties.
• ACCURACY: We make no warranty that the information on the Website is accurate, complete, current, or error-free.
• UNINTERRUPTED ACCESS: We make no warranty that access to our Website will be uninterrupted, timely, secure, or error-free.

Nutritional and allergen information provided on our Website is provided for general informational purposes only and may not account for variations in preparation methods, ingredient substitutions, or cross-contamination. You are solely responsible for consulting a qualified healthcare professional regarding any dietary restrictions, allergies, or health conditions before consuming our products.

Dions does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked website.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE LAWS OF THE UNITED STATES AND THE APPLICABLE STATE JURISDICTION, IN NO EVENT SHALL DIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• DAMAGES RESULTING FROM ANY THIRD-PARTY CONDUCT ON THE WEBSITE
• ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES

Whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

IN ANY CASE, DIONS'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO DIONS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you to the full extent permitted by applicable law. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Dions and its 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 Service
• Your use or misuse of the Website or Services
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Your violation of any applicable law, regulation, or ordinance
• Any content, material, or information you submit, post, transmit, or otherwise make available through the Website
• Any claim that your User Content caused damage to a third party
• Your negligent or intentional misconduct

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You shall not settle any claim without our prior written consent.

11. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms, the Website, or the Services shall be governed by and construed in accordance with the laws of the United States of America and the applicable state law of the state in which Dions primarily operates, without giving effect to any choice of law or conflict of law provisions.

These Terms are also subject to applicable federal laws, including but not limited to:

• The Federal Trade Commission Act (FTC Act) — governing consumer protection and unfair or deceptive trade practices
• The Computer Fraud and Abuse Act (CFAA) — governing unauthorized computer access
• The Electronic Communications Privacy Act (ECPA) — governing electronic communications
• The CAN-SPAM Act — governing commercial electronic communications
• The Americans with Disabilities Act (ADA) — where applicable to digital accessibility

Where Dions serves customers in the State of California, the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) may also apply with respect to the personal information of California residents.

Subject to the Dispute Resolution section below, you consent to the exclusive jurisdiction of the federal and state courts located in the United States for the resolution of any disputes not subject to arbitration under these Terms.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will use good faith efforts to resolve the dispute within thirty (30) days of receiving your written notice describing the nature and basis of the dispute and the relief sought.

12.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Website or Services, shall be resolved by binding arbitration, except as set forth below. The arbitration shall be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA) or JAMS, as mutually agreed. The arbitrator's decision shall be final and binding on all parties.

Arbitration shall be conducted on an individual basis. YOU AND DIONS EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION. You agree that any arbitration will be conducted in your individual capacity only and not as a class action or other representative action.

12.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations. Small claims court actions that qualify under the applicable rules may also be heard in small claims court.

12.4 Time Limitation on Claims

To the maximum extent permitted by applicable law, any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred.

13. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Dions. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms of service and privacy policy of any third-party website you visit.

Your interactions with third-party services accessed through our Website are solely between you and the applicable third party. Dions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

14. Food Safety and Health Disclaimers

Dions is committed to maintaining the highest standards of food safety and hygiene in compliance with applicable federal and state food safety regulations, including those enforced by the U.S. Food and Drug Administration (FDA) and applicable state and local health departments.

However, you acknowledge and agree that:

• Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness
• Individuals with food allergies, intolerances, or dietary restrictions are solely responsible for reviewing all ingredient and allergen information prior to ordering
• Our facilities may process or handle common allergens and we cannot guarantee an allergen-free environment
• Caloric and nutritional information provided is an estimate and may vary based on preparation
• You should consult with a healthcare professional or registered dietitian regarding any specific dietary or health concerns

15. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use our Website or Services. We reserve the right, in our sole discretion, to:

• Terminate or suspend your access to all or any part of the Website and Services at any time, with or without cause, with or without notice, effective immediately
• Cancel, refuse, or limit any order at our discretion
• Modify or discontinue any Service or portion thereof at any time

Grounds for termination may include, but are not limited to: violation of these Terms; providing false or misleading information; engaging in fraudulent or abusive behavior; actions that may cause legal liability for Dions; or failure to pay amounts owed.

Upon termination of your account or access rights, the following sections shall survive: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

If you wish to terminate your account, you may do so by contacting us at [email protected] with a request for account deletion. Please note that we may retain certain information as required by law or for legitimate business purposes.

16. Changes to These Terms

We reserve the right to modify or replace these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page. In some cases, we may provide additional notice, such as adding a statement to our homepage or sending you an email notification.

Your continued use of the Website or Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Website and Services immediately and, if applicable, delete your account.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of these Terms will always be posted on the Website at food-dions.top.

17. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under applicable law by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, such provision shall 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, and the remaining provisions shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had not been included. The parties agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the invalid, illegal, or unenforceable provision.

18. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Dions with respect to your use of the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

No waiver by Dions of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Any failure by Dions to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

These Terms do not and are not intended to confer any rights or remedies upon any third party unless expressly stated herein.

19. Force Majeure

Dions shall not be held liable or responsible for any failure or delay in fulfilling or performing any of our obligations under these Terms where such failure or delay is caused by or results from events, circumstances, or causes beyond our reasonable control, including without limitation: acts of God, natural disasters, pandemics, epidemics, governmental actions, war, civil unrest, labor disputes, supply chain disruptions, utility failures, internet outages, cyberattacks, or any other events constituting a force majeure condition.

In the event of a force majeure, we will make reasonable efforts to notify affected customers and to resume normal operations as soon as practicable. Affected orders may be cancelled or delayed, and refunds will be issued at our discretion consistent with applicable law.

20. Accessibility

Dions is committed to making our Website accessible to individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and applicable web accessibility standards. If you experience any difficulty accessing our Website or Services due to a disability, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs and provide access to the information or functionality you require.

21. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, please do not hesitate to contact us using the information below:

We will make every effort to respond to your inquiries in a timely and professional manner. For urgent matters regarding an active order or food safety concerns, please contact us directly via email at [email protected].