Terms of Service

Please read these Terms of Service carefully before using the website located at pizzdion.rest (the "Site") or placing any order with Dions ("we," "us," or "our"). By accessing or using our Site, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Site or services.

1. Acceptance of Terms

By accessing, browsing, or using the Site operated by Dions at pizzdion.rest, or by placing an order for food or beverages through any channel we make available (including online, by phone, or in person), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Dions. Your continued use of the Site or any of our services following the posting of any changes to these Terms shall constitute your acceptance of those changes.

If you are using the Site or our services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to such entity.

You must be at least 18 years of age, or the age of majority in your state or jurisdiction, to use our services independently. By using our Site or services, you represent and warrant that you meet this age requirement. Users under the age of 18 must have consent and supervision from a parent or legal guardian.

2. Description of Services

Dions is a food service business that offers customers the ability to browse our menu, place orders for food and beverages, and arrange for delivery, pickup, or dine-in services, depending on availability at any given time. Our services may include:

• Online ordering of pizza, food items, beverages, and related products displayed on our menu;
• In-store dining experiences at our physical location(s);
• Pickup and delivery services, subject to applicable delivery zones and hours of operation;
• Promotional offers, loyalty programs, and special deals from time to time;
• Customer support via phone and email;
• Any other services or features we may introduce from time to time at our discretion.

Dions reserves the right, at any time and without notice, to modify, suspend, or discontinue any aspect of the services, including but not limited to menu items, pricing, delivery zones, hours of operation, and any feature or functionality of the Site. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

Menu items, prices, and availability are subject to change without notice. We make every effort to ensure the accuracy of menu information displayed on our Site, but we do not warrant that menu descriptions, pricing, or availability information is accurate, complete, or current at all times. In the event of a discrepancy, Dions reserves the right to honor the correct price and inform you of any adjustment before completing your order.

3. User Obligations and Prohibited Activities

By using our Site and services, you agree to use them only for lawful purposes and in accordance with these Terms. You are solely responsible for all activities conducted under your account, order, or session, whether or not authorized by you.

3.1 User Obligations

As a user of our services, you agree to:

• Provide accurate, current, and complete information when placing orders or creating an account, including your name, delivery address, contact information, and payment details;
• Promptly update any information you have provided to ensure it remains accurate and complete;
• Maintain the confidentiality of any account credentials, passwords, or login information associated with your use of our services;
• Notify us immediately at [email protected] of any unauthorized use of your account or any other security breach;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our services;
• Treat our staff, delivery personnel, and other customers with respect and courtesy at all times.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Site or our services for any unlawful purpose or in violation of any applicable federal, state, or local laws or regulations;
• Engage in any fraudulent activity, including but not limited to providing false information, using unauthorized payment methods, or submitting false orders;
• Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to our services, through hacking, password mining, or any other illegitimate means;
• Interfere with or disrupt the integrity, security, or performance of the Site or the servers and networks connected to the Site;
• Introduce any malware, viruses, trojan horses, worms, or other harmful code to the Site or any systems connected to it;
• Harvest, scrape, or collect any personal information or data from the Site without our express written consent;
• Use any automated means, including bots, spiders, crawlers, or scripts, to access, monitor, or copy any part of the Site without our prior written permission;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or our services without our express written permission;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Post, transmit, or otherwise make available through the Site any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable;
• Circumvent, disable, or otherwise interfere with any security-related features of the Site;
• Place orders without a genuine intention to receive or pay for those orders;
• Abuse, harass, threaten, or intimidate any Dions employee, contractor, delivery driver, or other representative.

Dions reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of the above provisions, including without limitation, reporting such activity to law enforcement authorities.

4. Intellectual Property Rights

All content, materials, and intellectual property displayed on or incorporated into the Site, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software, and the overall design and appearance of the Site (collectively, "Content"), are the exclusive property of Dions or its licensors and are protected by applicable United States and international intellectual property laws, including copyright, trademark, and trade secret laws.

The Dions name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Dions. You may not use any of our trademarks or service marks without our prior written consent. All other trademarks or service marks appearing on the Site are the property of their respective owners.

Subject to your compliance with these Terms, Dions grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for personal, non-commercial purposes related to ordering food and beverages from Dions. This license does not include the right to:

• Modify or copy any materials on the Site;
• Use any materials for any commercial purpose or for any public display, commercial or non-commercial;
• Attempt to decompile or reverse engineer any software contained on the Site;
• Remove any copyright, trademark, or other proprietary notations from the materials;
• Transfer the materials to another person or "mirror" the materials on any other server.

Any unauthorized use of the Content or intellectual property on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. Dions reserves the right to terminate this limited license at any time if you violate any of these Terms.

5. Payment Terms

When you place an order through our Site, by phone, or in person, you agree to pay the full amount due for the items ordered, including any applicable taxes, service fees, and delivery charges.

5.1 Accepted Payment Methods

We accept various forms of payment, which may include major credit cards (Visa, Mastercard, American Express, Discover), debit cards, digital payment platforms, and cash for in-person transactions, where applicable. Available payment methods will be displayed at the time of your order. We reserve the right to add or remove accepted payment methods at any time without notice.

5.2 Pricing and Taxes

All prices listed on our Site or menu are in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes will be calculated and added to your order total in accordance with the tax laws of the applicable state and local jurisdiction. You are solely responsible for any taxes or charges associated with your purchase.

5.3 Order Confirmation and Charges

When you place an order online, you authorize Dions to charge your selected payment method for the total amount of your order at the time of submission. An order confirmation will be sent to the email address or phone number you provide. Order confirmation does not guarantee availability of all items; in the event an item is unavailable, we will contact you to offer a substitution or adjustment.

5.4 Cancellations and Refunds

Once an order has been accepted and preparation has begun, cancellations may not be possible. If you believe there is an error with your order, you were charged incorrectly, or the food you received was not as described or is defective, please contact us immediately at [email protected]. Refunds, credits, or replacements are issued at the sole discretion of Dions and evaluated on a case-by-case basis. We are not obligated to provide a refund for orders that have already been prepared and dispatched for delivery or picked up in-store, except where required by applicable law.

5.5 Failed Payments

If a payment is declined, reversed, or fails for any reason, you remain responsible for payment for the order. Dions reserves the right to suspend or restrict access to our services for any account associated with failed or fraudulent payments.

6. Delivery Terms

Delivery services, where available, are subject to our delivery zones, which may change from time to time. Estimated delivery times are provided as a courtesy and are not guaranteed. Delivery times may be affected by factors beyond our control, including traffic, weather conditions, high order volume, and other circumstances. Dions shall not be liable for delays in delivery due to such circumstances.

You are responsible for ensuring that the delivery address provided is accurate and accessible. If our delivery personnel are unable to complete a delivery due to an incorrect or inaccessible address, or because no one is available to receive the order, Dions is not obligated to provide a refund for the order.

7. Disclaimer of Warranties

THE SITE AND ALL SERVICES PROVIDED BY DIONS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DIONS DOES NOT WARRANT THAT:

• THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE;
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
• ANY ERRORS IN THE SITE WILL BE CORRECTED.

Any content downloaded or otherwise obtained through the use of the Site is accessed at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from Dions or through the Site shall create any warranty not expressly stated in these Terms.

ALLERGEN AND DIETARY DISCLAIMER: Our food products may contain or come into contact with common allergens, including but not limited to wheat, gluten, dairy, eggs, tree nuts, peanuts, soy, fish, and shellfish. We cannot guarantee that any menu item is entirely free from allergens. Customers with food allergies or dietary restrictions are solely responsible for making informed choices and should contact us directly before placing an order to discuss their needs. Dions expressly disclaims any liability for allergic reactions or adverse health effects resulting from consumption of our food products where we have not been informed of applicable dietary restrictions.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIONS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to, use of, or inability to access or use the Site or our services;
• Any conduct or content of any third party on the Site;
• Any food or beverage product purchased from Dions, except where such liability cannot be excluded under applicable law;
• Unauthorized access, use, or alteration of your transmissions or data;
• Any other matter relating to the Site or our services;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL DIONS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DIONS IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, DIONS'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Dions, its owners, officers, directors, employees, agents, licensors, and service providers from and against any and all 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 Site or our services;
• Your violation of any applicable law, rule, or regulation;
• Your violation of any third-party rights, including any intellectual property rights or privacy rights;
• Any content you submit, post, transmit, or otherwise make available through the Site;
• Any fraudulent, false, or misleading information you provide to Dions;
• Any dispute between you and any third party relating to our services.

Dions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Dions's defense of such claim.

10. 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 or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Dions's principal place of business is located, without regard to its conflict of law provisions.

You agree that any legal action or proceeding relating to your access to or use of the Site or our services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the applicable state. You consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. You waive any objection based on improper venue or inconvenient forum.

Notwithstanding the foregoing, Dions reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

These Terms shall be enforceable to the fullest extent permitted by applicable United States federal and state law, including compliance with the Federal Trade Commission Act (FTC Act) and other applicable consumer protection statutes.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Dions at [email protected] to attempt to resolve the dispute informally. Dions will make reasonable efforts to resolve your concern within thirty (30) days of receiving written notice. If the dispute cannot be resolved informally within that period, either party may pursue formal dispute resolution as set forth below.

11.2 Binding Arbitration

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR YOUR USE OF OUR SERVICES (COLLECTIVELY, "DISPUTES"), WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, EXCEPT THAT EITHER PARTY MAY BRING CLAIMS IN SMALL CLAIMS COURT IF THE CLAIMS QUALIFY AND REMAIN IN SUCH COURT.

The arbitration shall be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Information about the AAA is available at www.adr.org.

11.3 Class Action Waiver

YOU AND DIONS AGREE THAT EACH PARTY 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, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. 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 CLASS OR REPRESENTATIVE PROCEEDING.

11.4 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SITE OR SERVICES.

12. Term and Termination

These Terms of Service are effective from the date you first access or use our Site or services and continue in full force and effect until terminated in accordance with this section.

Dions reserves the right, in its sole discretion, to suspend or terminate your access to our Site or services at any time, with or without notice, for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Fraudulent, abusive, or otherwise objectionable behavior;
• Failure to pay for orders placed;
• Any conduct that Dions determines, in its sole discretion, is harmful to other users, third parties, or the business interests of Dions;
• At your request, upon written notice to us at [email protected].

Upon termination, your right to access and use our Site and services shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation: intellectual property provisions, warranty disclaimers, indemnification, limitation of liability, governing law, dispute resolution, and any other provisions that by their nature are intended to survive.

13. Changes to Terms of Service

Dions reserves the right to modify, update, or revise these Terms of Service at any time, in its sole discretion. When we make changes, we will post the revised Terms on this page with an updated "Last Updated" date at the top of the document. We may also, at our discretion, provide additional notice of material changes by sending an email to the address associated with your account or by displaying a prominent notice on our Site.

Your continued use of the Site or our services after the effective date of any modified Terms constitutes your binding acceptance of those changes. If you do not agree to the modified Terms, you must discontinue your use of the Site and services immediately.

We encourage you to review these Terms periodically to stay informed of your rights and obligations. Dions shall not be liable for your failure to review updated Terms, and your continued use of our services following any changes constitutes your acceptance of the then-current Terms.

14. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or platforms (such as third-party payment processors, delivery tracking services, or social media platforms) that are not owned or controlled by Dions. Dions has no control over and assumes no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services.

We do not warrant or make any representations regarding the accuracy, reliability, or completeness of any content on third-party websites. The inclusion of any link to a third-party website does not imply endorsement by Dions of that website or its content. You acknowledge and agree that 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 content, goods, or services available through any third-party website.

We encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

15. User-Generated Content

If you submit any content to our Site, including reviews, comments, feedback, photos, or suggestions (collectively, "User Content"), you grant Dions a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and perform such User Content in any media now known or hereafter developed, in connection with our business operations and marketing activities.

You represent and warrant that you own or have the necessary rights and permissions to submit User Content and to grant the license set forth above, and that your User Content does not violate any third-party rights or applicable laws. Dions reserves the right, but has no obligation, to monitor, edit, or remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

16. Privacy

Your use of the Site and our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Site and services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy. Dions complies with applicable United States federal and state privacy laws, including, where applicable, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and the Federal Trade Commission Act (FTC Act) with respect to unfair or deceptive practices.

We encourage you to review our Privacy Policy available on our Site for a complete description of our data practices.

17. Force Majeure

Dions shall not be held liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, flood, war, terrorism, civil unrest, governmental actions, power outages, internet or telecommunications failures, supply chain disruptions, or any other event beyond our reasonable control (a "Force Majeure Event").

In the event of a Force Majeure Event, Dions will make commercially reasonable efforts to resume performance of its obligations as soon as practicable. We will not be obligated to provide refunds for orders that cannot be fulfilled due to a Force Majeure Event, except as required by applicable law.

18. Severability

If any provision of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or void for any reason, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be modified, it shall be severed from these Terms, and the remaining provisions of these Terms shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

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

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and Dions with respect to your use of the Site and our services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, between you and Dions with respect to such subject matter.

No modification of these Terms shall be binding unless in writing and signed by an authorized representative of Dions, except as otherwise provided herein with respect to updates posted to the Site.

20. Headings

Section headings in these Terms are included for convenience only and shall not affect the interpretation or construction of these Terms in any way.

21. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact us regarding any aspect of your order or experience with Dions, please reach out to us using the contact details below:

We will make every effort to respond to your inquiry within a reasonable timeframe. For urgent matters related to a current order, please contact us immediately via phone or email, as listed above.