Terms of Service

Please read these Terms of Service carefully before using the website located at dions.top or any services offered by Dions. By accessing or using our website, 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 website or 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 dions.top (the "Site") and all related services, content, features, and functionality offered by Dions (collectively, the "Services").

By accessing the Site, creating an account, placing a food order, subscribing to any service, or otherwise interacting with Dions in any capacity, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or if you are between the ages of 13 and 17, you have obtained verifiable parental or legal guardian consent;
• You have the legal capacity and authority to enter into this Agreement;
• Your use of the Services does not violate any applicable federal, state, or local laws or regulations.

If you are accessing or using the Services on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and in such case, "you" shall refer to both the individual and such entity.

These Terms apply to all visitors, users, customers, and others who access or use the Services. Your continued use of the Site or Services after any modification to these Terms constitutes your acceptance of the updated Terms.

2. Description of Services

Dions is a food-related business operating within the United States, offering products and services that may include, but are not limited to:

• Food Ordering: Online ordering of food products, meals, and related items through our website;
• Delivery Services: Delivery of food orders to specified locations within our serviceable areas;
• Pickup Services: In-store or curbside pickup options for pre-ordered food items;
• Menu Browsing: Access to our digital menu, including descriptions, pricing, nutritional information, and allergen details;
• Account Management: Registration and maintenance of a personal user account for managing orders, preferences, and payment information;
• Promotions and Loyalty Programs: Participation in discount offers, promotional campaigns, loyalty rewards, and referral programs as may be available from time to time;
• Customer Support: Access to customer service resources, including email support and other communication channels.

Dions reserves the right to modify, suspend, discontinue, or expand any aspect of the Services at any time without prior notice. We do not guarantee that any particular feature or service will remain available indefinitely. Changes to menu items, pricing, availability, delivery zones, or operational hours may occur without advance notification and shall become effective immediately upon posting to the Site.

The Services are intended for personal, non-commercial use only unless otherwise expressly agreed in writing by Dions. Commercial resale of food products purchased through our Site is strictly prohibited without prior written authorization.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

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

• Provide accurate, current, and complete information during registration and when placing orders;
• Maintain the confidentiality of your account credentials and promptly notify us of any unauthorized access or suspected breach;
• Update your account information as necessary to keep it accurate and current;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with your use of the Services;
• Ensure that the delivery address and contact information provided are accurate and that someone of legal age is present to receive orders where required;
• Pay for all orders and services rendered in a timely manner.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Site or Services for any fraudulent, deceptive, or unlawful purpose;
• Impersonate any person or entity or falsely represent your affiliation with any person or entity;
• Use automated tools, bots, scrapers, crawlers, or similar technologies to access, scrape, or extract data from the Site without our prior written consent;
• Attempt to gain unauthorized access to any portion of the Site, including user accounts, servers, or databases;
• Interfere with, disrupt, or damage the proper functioning of the Site, including through the transmission of viruses, malware, or other harmful code;
• Post, transmit, or distribute any content that is defamatory, obscene, harassing, hateful, discriminatory, or otherwise objectionable;
• Use the Services to send unsolicited commercial communications (spam);
• Engage in any activity that places an unreasonable or disproportionately large load on our infrastructure;
• Circumvent, disable, or interfere with security-related features of the Site;
• Use the Services to collect or harvest personally identifiable information about other users without their consent;
• Violate any intellectual property rights belonging to Dions or any third party;
• Resell or commercially exploit the Services or any content obtained through the Services without express written authorization;
• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code of any software underlying the Site.

Dions reserves the right to investigate violations of these Terms and to take appropriate legal action, including reporting to law enforcement authorities. Violations may result in immediate suspension or termination of your account and access to the Services.

4. Account Registration and Security

To access certain features of the Services, you may be required to create an account. You agree to provide truthful, accurate, and complete information during the registration process. You are solely responsible for all activity that occurs under your account, whether or not authorized by you.

You must immediately notify Dions at [email protected] if you become aware of any unauthorized use of your account or any other security breach. Dions will not be liable for any loss or damage arising from your failure to adequately safeguard your account credentials.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised, used in violation of these Terms, or otherwise pose a risk to the security of our systems or other users.

5. Intellectual Property Rights

5.1 Ownership

All content available on the Site and through the Services, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the overall design and layout of the Site (collectively, "Content"), is the exclusive property of Dions or its licensors and is protected by United States federal copyright law, trademark law, trade dress law, and other applicable intellectual property laws and international conventions.

The Dions name, logo, and all related marks, trade names, and service names are trademarks or registered trademarks of Dions. Unauthorized use of any Dions trademark, trade name, or service mark is strictly prohibited and may constitute trademark infringement under the Lanham Act, 15 U.S.C. § 1051 et seq.

5.2 Limited License

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

• Any resale or commercial use of the Site or its Content;
• Any collection or use of product listings, descriptions, or pricing for commercial purposes;
• Any derivative use of the Site or its Content;
• Any downloading, copying, or use of account information for third-party benefit;
• Any use of data mining, robots, or similar data gathering and extraction tools.

5.3 User-Generated Content

If you submit, post, or otherwise make available any content, including reviews, comments, feedback, or other materials ("User Content"), you grant Dions a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any form, media, or technology. You represent and warrant that you own or have the necessary rights to grant this license, and that your User Content does not infringe the rights of any third party.

6. Food Orders, Pricing, and Payment Terms

6.1 Order Placement

By placing an order through the Site, you are making an offer to purchase the selected food items at the listed price. All orders are subject to acceptance by Dions. We reserve the right to refuse or cancel any order at our sole discretion, including orders that appear to be placed fraudulently or in violation of these Terms.

Order confirmation does not guarantee availability. In the event that an item is unavailable after an order is placed, we will notify you and offer a substitution or a full refund for the unavailable item.

6.2 Pricing

All prices are listed in United States Dollars (USD) and are subject to change without notice. Prices displayed at the time of order placement are final for that transaction, provided the order is successfully completed. Taxes, delivery fees, service charges, and gratuities, where applicable, will be disclosed prior to order confirmation.

Dions makes every effort to ensure that pricing information on the Site is accurate. However, in the event of a pricing error, we reserve the right to cancel affected orders and notify you of the correct pricing before requiring payment.

6.3 Payment Methods

We accept various payment methods as indicated on the Site at the time of checkout. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information is accurate and complete;
• You will promptly update your payment information if it changes.

All payment transactions are processed through secure third-party payment processors. Dions does not store complete credit card or financial account information on its servers. Your use of third-party payment services is subject to the applicable terms and conditions of those providers.

6.4 Refunds and Cancellations

Cancellation and refund policies vary depending on the nature of the order and the timing of the cancellation request. Please contact us at [email protected] for details regarding your specific order. Dions reserves the right to determine refund eligibility at its sole discretion in accordance with applicable consumer protection laws.

7. Allergen and Nutritional Information

Dions takes food safety seriously and makes reasonable efforts to provide accurate allergen and nutritional information on our Site. However, we cannot guarantee that this information is entirely free from error or that our food preparation environments are completely free from allergens.

If you have a food allergy, intolerance, or dietary restriction, it is your responsibility to review ingredient information carefully and, where necessary, contact us directly before placing an order. Dions shall not be held liable for allergic reactions or adverse health effects resulting from the consumption of our food products, except to the extent required by applicable law.

8. Disclaimer of Warranties

THE SITE AND SERVICES 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 FEDERAL AND STATE 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 OPERATE WITHOUT INTERRUPTION OR ERROR;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE SITE;
• WARRANTIES THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES RELATING TO THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCT BEYOND WHAT IS REQUIRED BY APPLICABLE LAW.

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

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, DIONS'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ALL CASES, DIONS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO DIONS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations 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.

10. Indemnification

You agree to defend, indemnify, and hold harmless Dions and its affiliates, officers, directors, employees, agents, contractors, 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 violation of these Terms;
• Your use of or inability to use the Site or Services;
• Any User Content you submit, post, or transmit through the Site;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or contractual rights;
• Any misrepresentation made by you in connection with your use of the Services.

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

11. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference and forms an integral part of these Terms. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information in compliance with applicable United States federal and state privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act (FTC Act) with respect to unfair or deceptive practices.

By using the Services, you consent to the collection, use, and sharing of your personal information as described in our Privacy Policy, available at dions.top.

12. Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services 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 strongly advise you to review the terms and conditions and privacy policies of any third-party sites or services that you visit or use. Your use of third-party services is at your own risk, and Dions expressly disclaims all liability arising from your use of such services.

13. Governing Law and Jurisdiction

These Terms 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 of America and the applicable laws of the state in which Dions is registered and operates, without regard to its conflict of law provisions.

To the extent permitted by law, you agree that any legal proceedings arising out of or related to these Terms or the Services shall be brought exclusively in the federal or state courts of competent jurisdiction within the United States, and you hereby consent to the personal jurisdiction and venue of such courts.

These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws, which may differ from those of the United States.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services informally by contacting Dions at [email protected]. Dions will attempt to resolve the dispute informally by contacting you within thirty (30) days of receipt of your notice. If a resolution cannot be reached within sixty (60) days of the date of your initial notice, either party may then proceed to formal dispute resolution as described below.

14.2 Binding Arbitration

Except for claims that qualify for small claims court, any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, or the Services, shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English and, unless otherwise agreed, shall take place in the United States. The decision of the arbitrator shall be final and binding on both parties.

YOU AND DIONS EACH WAIVE YOUR RESPECTIVE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

14.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

14.4 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 a party's intellectual property rights or confidential information.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Site or Services or maintain an account with Dions. Dions reserves the right, in its sole discretion, to:

• Suspend or terminate your access to the Services at any time and for any reason, with or without cause and with or without notice;
• Discontinue the Site or any portion of the Services at any time;
• Modify, restrict, or revoke access to any features or content of the Services.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment for completed orders.

Upon termination, your right to use the Services will immediately cease. The following provisions of these Terms shall survive termination: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law and Jurisdiction, and all other provisions that by their nature should survive.

16. Changes to These Terms

Dions reserves the right to modify, amend, or replace these Terms at any time in its sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice through email notification or prominent notice on the Site.

It is your responsibility to review these Terms periodically for any changes. Your continued use of the Site or Services following the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must discontinue your use of the Services immediately.

No amendment to or modification of these Terms shall be binding unless made in writing and either signed by an authorized representative of Dions or posted to the Site by Dions.

17. Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unlawful, void, or unenforceable for any reason, such provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. The parties agree that the court or arbitrator should endeavor to give effect to the parties' original intentions as reflected in the provision, and the remaining provisions of these Terms shall continue in full force and effect.

The failure of Dions to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. Any waiver by Dions of a breach of any provision of these Terms shall not constitute a waiver of any subsequent breach.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, policies, or agreements published by Dions on the Site, constitute the entire agreement between you and Dions concerning the Services and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, with respect to the Services.

In the event of a conflict between these Terms and any other document or policy, these Terms shall govern unless expressly stated otherwise.

19. Force Majeure

Dions 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 Dions's reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, public health emergency, government action or restriction, war, terrorism, labor dispute, power outage, internet disruption, or failure of third-party service providers. In such events, Dions shall use commercially reasonable efforts to resume performance as soon as practicable.

20. Electronic Communications

By using the Services or communicating with Dions electronically, you consent to receive communications from Dions electronically. Dions may communicate with you by email, text message, or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Dions provides to you electronically satisfy any legal requirement that such communications be in writing.

In accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., your electronic acceptance of these Terms constitutes a valid and binding signature.

21. Children's Use of the Services

The Services are not directed to children under the age of 13. Dions does not knowingly collect personally identifiable information from children under 13 years of age. If you are a parent or guardian and believe that your child under 13 has provided us with personal information, please contact us immediately at [email protected]. We will take prompt steps to delete such information from our records in accordance with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq.

22. Feedback and Suggestions

If you provide Dions with any feedback, suggestions, ideas, improvements, or other communications regarding the Services ("Feedback"), you hereby assign to Dions all rights, title, and interest in and to such Feedback, and Dions shall have the right to use such Feedback without restriction and without any obligation of confidentiality, compensation, or attribution to you. By providing Feedback, you acknowledge and agree that it may be used by Dions to improve or enhance the Services at its sole discretion.

23. No Partnership or Agency

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, franchise, or employment relationship between you and Dions. You are an independent party accessing the Services, and you have no authority to bind Dions in any respect whatsoever. Dions's delivery partners, contractors, and affiliated vendors are independent third parties and not employees or agents of Dions.

24. Headings

The section headings used in these Terms are for convenience and organizational purposes only and shall have no legal or contractual significance. They shall not affect the interpretation or construction of any provision of these Terms.

25. Contact Information

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

We are committed to addressing your concerns promptly and professionally. For order-related inquiries, please reference your order confirmation number in all correspondence to ensure timely assistance.