Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at dionsfood.rest or any related services operated by Dion's Food ("Company," "we," "us," or "our"). By accessing or using our website, placing an order, or otherwise interacting with our services, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must immediately cease use of our website and services.

1. Acceptance of Terms

By accessing, browsing, or using the website dionsfood.rest (the "Site") or any services provided by Dion's Food, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and any other policies, guidelines, or rules applicable to specific features of our services, all of which are incorporated herein by reference.

These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Dion's Food. Your continued use of the Site or services following the posting of any changes to these Terms constitutes acceptance of those changes. If you are using our services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, and the terms "you" and "your" shall refer to that entity.

You must be at least eighteen (18) years of age to use our services. By using our Site or placing an order, you represent and warrant that you are at least 18 years old or are accessing the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Company Information

Our services are provided by:

3. Description of Services

Dion's Food is a food service business operating in the United States. Through our website dionsfood.rest and associated platforms, we offer the following services and features:

• Online Menu Browsing: Users may browse our food and beverage menu, including descriptions, pricing, ingredients, and allergen information.
• Online Ordering: Users may place orders for food and beverages for pickup, delivery, or dine-in, depending on availability and location.
• Account Registration: Users may create accounts to manage orders, save preferences, and access loyalty programs or promotional offers.
• Customer Support: We provide customer service through email and other designated channels to assist with orders, inquiries, complaints, and feedback.
• Promotional Communications: With your consent, we may send you newsletters, promotional offers, special discounts, and updates about our services.
• Third-Party Delivery Integration: Where applicable, we may partner with third-party delivery service providers to fulfill delivery orders.

We reserve the right to modify, suspend, or discontinue any portion of our services at any time without prior notice or liability to you. We may also impose limits on certain features or restrict your access to parts or all of the services without notice or liability.

Dion's Food makes no guarantee that our services will be available at all times. Service availability may be affected by maintenance periods, technical issues, force majeure events, or other factors beyond our control.

4. User Accounts and Registration

To access certain features of our Site, you may be required to register for an account. When registering, you agree to provide accurate, current, and complete information, and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account.

You agree to notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

We reserve the right to terminate or suspend your account at our sole discretion, without prior notice, if we believe you have violated these Terms or if your conduct poses a risk to us, other users, or third parties.

5. User Obligations and Prohibited Activities

By using our Site and services, you agree to use them only for lawful purposes and in a manner consistent with all applicable local, state, federal, and international laws and regulations. Specifically, you agree to the following obligations and prohibitions:

5.1 User Obligations

• Provide accurate and truthful information when creating an account or placing an order.
• Pay for all orders placed through the Site in a timely and complete manner.
• Comply with all applicable laws, including those related to food safety, consumer protection, and electronic commerce.
• Respect the intellectual property rights of Dion's Food and third parties.
• Use the Site in a manner that does not interfere with or disrupt the services or servers connected to the Site.

5.2 Prohibited Activities

You are strictly prohibited from engaging in the following activities:

• Using the Site for any unlawful purpose or in violation of any applicable law or regulation.
• Posting or transmitting any content that is defamatory, abusive, obscene, fraudulent, threatening, or otherwise objectionable.
• Attempting to gain unauthorized access to any part of the Site, other users' accounts, or any computer systems or networks connected to the Site.
• Using automated scripts, bots, scrapers, or other automated tools to access, collect data from, or interact with the Site without our express written consent.
• Engaging in any form of data mining, data harvesting, or data extraction in connection with our services.
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
• Transmitting any viruses, malware, or other harmful code through the Site.
• Circumventing, disabling, or otherwise interfering with any security-related features of the Site.
• Using the Site in any manner that could damage, disable, overburden, or impair our servers or networks.
• Collecting or harvesting any personally identifiable information from the Site without authorization.
• Placing fraudulent orders or providing false payment information.
• Attempting to manipulate pricing, promotions, or loyalty programs through dishonest means.
• Reselling or redistributing our food products for commercial purposes without express written authorization.
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Site.

Violation of any of the above prohibited activities may result in the immediate termination of your account, cancellation of pending orders, and, where applicable, referral to law enforcement authorities.

6. Orders, Pricing, and Payment Terms

6.1 Order Placement

When you place an order through our Site, you are making an offer to purchase the items listed in your order at the prices displayed. We reserve the right to accept or reject any order at our discretion. An order confirmation does not constitute our acceptance of your order; acceptance occurs upon our processing and preparation of your order.

6.2 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Prices displayed do not include applicable taxes, delivery fees, service charges, or gratuities unless explicitly stated. We make every effort to ensure that pricing information on the Site is accurate; however, errors may occur. In the event of a pricing error, we reserve the right to cancel the affected order and notify you accordingly.

6.3 Payment

We accept various forms of payment, which may include major credit cards, debit cards, and other electronic payment methods as made available on the Site. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order, including any applicable taxes and fees.

All payment transactions are processed through secure, third-party payment processors. We do not store complete payment card information on our servers. Your payment information is subject to the privacy policies and terms of service of the applicable payment processor.

6.4 Cancellations and Refunds

Cancellation and refund policies are subject to our separate Refund Policy, which is incorporated herein by reference. In general, orders may not be cancelled once preparation has begun. Refunds, where applicable, will be processed in accordance with the original payment method. Please contact us at [email protected] for assistance with cancellations or refund requests.

6.5 Delivery and Pickup

Estimated delivery and pickup times are approximate and may vary based on order volume, traffic, weather, and other factors. We are not liable for delays in delivery or pickup beyond our reasonable control. Delivery availability and fees vary by location and may be subject to minimum order requirements.

7. Food Safety and Allergen Information

Dion's Food takes food safety seriously and strives to comply with all applicable federal, state, and local food safety laws and regulations, including those enforced by the U.S. Food and Drug Administration (FDA) and applicable state health departments.

While we endeavor to provide accurate allergen information for our menu items, we cannot guarantee that our food products are free from allergens, including but not limited to peanuts, tree nuts, dairy, eggs, wheat, soy, fish, and shellfish. Our kitchen environment may handle these allergens, and cross-contamination is possible. If you have food allergies or dietary restrictions, please contact us directly at [email protected] before placing an order.

By ordering from Dion's Food, you acknowledge and accept the inherent risks associated with food allergies and dietary sensitivities, and you agree that Dion's Food shall not be liable for any allergic reactions or dietary issues arising from the consumption of our products, provided that we have taken reasonable steps to disclose known allergens.

8. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, menu designs, branding, and the overall "look and feel" of the Site (collectively, "Content"), is the property of Dion's Food or its content suppliers and is protected by United States copyright, trademark, trade dress, and other intellectual property laws.

The Dion's Food name, logo, and all related product names, design marks, and slogans are the trademarks or service marks of Dion's Food. You are not authorized to use any of our trademarks, service marks, or trade names without our prior written consent. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or service mark without our express written permission.

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

• Reproduce, distribute, publicly display, or publicly perform any Content;
• Modify or create derivative works based on any Content;
• Use any Content for commercial purposes without our express written consent;
• Remove any copyright, trademark, or other proprietary notices from the Content;
• Use data mining, robots, or similar data gathering and extraction tools on the Site.

Any unauthorized use of the Content or the Site may violate copyright laws, trademark laws, and other applicable laws and regulations. We reserve all rights not expressly granted in these Terms.

9. Third-Party Links and Services

Our Site may contain links to third-party websites, applications, or services, including delivery platforms, payment processors, and social media platforms, that are not owned or controlled by Dion's Food. 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 review the terms and privacy policies of any third-party sites you visit.

The inclusion of any link to a third-party website does not imply our endorsement, approval, or recommendation of that website. We disclaim all liability for any harm or damages arising from your use of third-party websites or services.

10. Disclaimers — Services Provided "As Is"

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES PROVIDED BY DION'S FOOD ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

DION'S FOOD 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, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE SITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, our warranties are limited to the maximum extent permitted by applicable law.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DION'S FOOD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM THIRD-PARTY CONDUCT ON OR IN CONNECTION WITH THE SITE;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DION'S FOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, DION'S FOOD'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DION'S FOOD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations of liability set forth herein are fundamental elements of the basis of the bargain between you and Dion's Food. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless Dion's Food, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Site or services;
• Your violation of these Terms;
• Your violation of any applicable law, rule, or regulation;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or publicity rights;
• Any content you submit, post, transmit, or otherwise make available through the Site;
• Any fraudulent, negligent, or willful misconduct on your part;
• Your unauthorized use of any promotional codes, discounts, or loyalty program benefits.

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 case you agree to cooperate fully with us in the defense of such matter. You shall not settle any claim without our prior written consent.

13. Consumer Protection Compliance

Dion's Food is committed to complying with all applicable consumer protection laws in the United States, including but not limited to:

• The Federal Trade Commission Act (FTC Act): We commit to fair and honest advertising, marketing practices, and business conduct as required by the FTC Act and applicable FTC regulations and guidelines.
• California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA): To the extent applicable, we honor the privacy rights of California residents, including the right to know, the right to delete, and the right to opt out of the sale of personal information. Please refer to our Privacy Policy for details.
• Americans with Disabilities Act (ADA): We strive to make our website accessible to individuals with disabilities and welcome feedback on accessibility at [email protected].
• State and Local Food Laws: We comply with all applicable state and local health codes, food safety regulations, and licensing requirements in the jurisdictions where we operate.

14. Governing Law and Jurisdiction

These Terms of Service and 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 the Site or services (collectively, "Disputes"), shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Dion's Food primarily operates, without regard to its conflict of law provisions.

Subject to the dispute resolution provisions below, you agree that any legal action or proceeding relating to your access to or use of the Site or services, or any Dispute, shall be instituted in the federal or state courts of competent jurisdiction located in the United States. You agree to submit to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such action or proceeding in such courts.

Nothing in these Terms shall limit Dion's Food's right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any Dispute informally by contacting us at [email protected] and providing a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receipt of your notice. If the dispute is not resolved within that period, either party may proceed to formal dispute resolution as set forth below.

15.2 Binding Arbitration

Except for disputes that qualify for small claims court, and except for disputes related to infringement of our intellectual property rights, you and Dion's Food agree that any Dispute shall be resolved exclusively through binding, individual arbitration, rather than in court. Arbitration shall be conducted by a nationally recognized arbitration organization (such as the American Arbitration Association (AAA)) under its applicable rules. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You agree that any arbitration shall be conducted on an individual basis only, and not as a class, consolidated, or representative action. YOU AND DION'S FOOD WAIVE THE RIGHT TO A TRIAL BY JURY AND WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

15.3 Small Claims Court

Notwithstanding the foregoing arbitration agreement, either party may bring an individual action in small claims court for disputes that qualify under applicable small claims court rules and fall within the jurisdictional limits of such court.

15.4 Time Limitation on Claims

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

16. Term and Termination

These Terms are effective as of the date you first access or use the Site and shall remain in full force and effect while you use the Site or any of our services, unless earlier terminated in accordance with these Terms.

We reserve the right, in our sole discretion, to:

• Terminate or suspend your account and access to the Site and services at any time, with or without cause and with or without notice;
• Cancel any pending orders if we reasonably believe that you have violated these Terms or applicable law;
• Take any other action we deem necessary to protect the integrity of our services, our users, or third parties.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Site and services will immediately cease.

The following sections shall survive any termination of these Terms: 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.

17. Changes to Terms

Dion's Food reserves the right to modify, amend, or update these Terms at any time in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. We may also provide additional notice of material changes through a prominent notice on the Site, by email to the address associated with your account, or by other reasonable means.

Your continued access to or use of the Site or services following the posting of revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue your use of the Site and services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

18. Severability

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

The parties intend that all provisions of these Terms be fully enforced to the greatest extent permitted by applicable law, and that any court or arbitrator construing these Terms shall give effect to the parties' intent as reflected herein to the greatest extent possible.

19. Waiver

The failure of Dion's Food to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Any waiver must be in writing and signed by an authorized representative of Dion's Food to be effective.

20. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies, guidelines, or rules expressly incorporated herein by reference, constitute the entire agreement between you and Dion's Food with respect to your use of the Site and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site and services.

No oral or written statement, advertisement, or inducement made by us or any of our representatives, other than as set forth in these Terms, shall be of any force or effect with respect to the subject matter hereof.

21. Force Majeure

Dion's Food shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions, labor disputes, power outages, internet failures, or other force majeure events. In such cases, we will use commercially reasonable efforts to resume normal operations as quickly as possible.

22. Electronic Communications

By using our Site and services, you consent to receive electronic communications from us, including via email, text message, push notifications, or notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of certain electronic communications at any time by following the unsubscribe instructions contained in our messages or by contacting us directly.

23. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, our services, or any aspect of your experience with Dion's Food, please do not hesitate to contact us using the information below:

We are committed to addressing your concerns promptly and will make every effort to respond to your inquiries within a reasonable timeframe. For urgent matters regarding food safety, order issues, or account security, please contact us via email at [email protected].