Terms of Service

Please read these Terms of Service carefully before using the website located at pizzadions.digital or placing any order through our platform. By accessing or using our website, you agree to be bound by these Terms of Service in their entirety.

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 pizzadions.digital (the "Website"), including all content, features, services, and functionality offered through it.

By accessing, browsing, or otherwise using our Website, placing an order, creating an account, or clicking any button that indicates acceptance, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in full, you must immediately cease all use of the Website and our services.

These Terms apply to all visitors, users, and others who access or use the Website, whether or not they complete a purchase or create an account. Your continued use of the Website following any modification to these Terms shall constitute your acceptance of the revised Terms.

You represent that you are at least 18 years of age and have the legal capacity to enter into binding agreements under applicable law. 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 on your behalf. Users under the age of 13 are not permitted to use the Website under any circumstances.

2. Description of Services

Dions is a food service business operating in the United States. Through our Website at pizzadions.digital, we provide the following services and features to our customers:

• Online Food Ordering: Customers may browse our menu, customize their food selections, and place orders for delivery or pickup through our Website.
• Menu Information: We provide detailed descriptions of our food items, including ingredients, pricing, and available customizations.
• Order Tracking: Where available, customers may track the status of their orders in real time.
• Account Management: Users may create accounts to save preferences, view order history, manage payment methods, and access loyalty rewards or promotions.
• Promotional Offers and Loyalty Programs: We may offer special deals, discounts, coupons, or loyalty programs subject to their own terms and conditions.
• Customer Support: We provide support through email and other available communication channels to assist with inquiries, complaints, and order issues.
• Nutritional and Allergen Information: We make reasonable efforts to provide accurate nutritional and allergen information; however, cross-contamination may occur in our kitchen environment.

The availability of menu items, services, and features may vary based on your location, time of day, and other operational factors. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice, and we shall not be liable for any such changes.

Dions is not a marketplace platform; all orders placed through our Website are directly fulfilled by Dions. Any third-party delivery partners we may engage operate under separate agreements, and their services are subject to their own terms and conditions.

3. User Accounts and Registration

Certain features of our Website, including order history, saved preferences, and loyalty program participation, may require you to create an account. When registering for 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 and complete.
• Maintain the confidentiality of your account credentials, including your password.
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.
• Accept full responsibility for all activities that occur under your account, whether or not authorized by you.

We reserve the right to suspend or terminate your account at our sole discretion if we suspect that any information you provided is inaccurate, outdated, or incomplete, or if we believe your account is being used in violation of these Terms or applicable law.

You may not create more than one personal account, transfer your account to another person, or use another person's account without their express permission and our prior written consent.

4. User Obligations and Prohibited Activities

By using our Website and services, you agree to use them only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations. You agree that you will not:

• Use the Website for any fraudulent, deceptive, or unlawful purpose, including but not limited to submitting false or misleading orders or payment information.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Attempt to gain unauthorized access to any portion of the Website, other user accounts, our computer systems, or networks connected to the Website through hacking, password mining, or any other means.
• Use any automated means, including bots, scrapers, crawlers, or similar tools, to access, collect, or index any content on the Website without our express written consent.
• Engage in any activity that interferes with, disrupts, or places an unreasonable burden on our Website, servers, or networks.
• Transmit any viruses, malware, spyware, or other malicious code through or in connection with the Website.
• Collect or harvest any personally identifiable information of other users without their explicit consent.
• Use the Website to send unsolicited communications (spam) or engage in any form of unauthorized advertising.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software component of the Website.
• Engage in any activity that would constitute a violation of any applicable federal law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), or any applicable state law.
• Post, upload, or transmit any content that is defamatory, obscene, harassing, threatening, discriminatory, or otherwise objectionable.
• Abuse, exploit, or circumvent any promotional offer, coupon, discount, or loyalty program, including but not limited to creating multiple accounts to receive first-order discounts multiple times.
• Attempt to place orders that you have no intention of paying for or accepting upon delivery or pickup.
• Engage in any conduct that could damage the reputation of Dions or discourage others from using our services.

Violation of any of the above prohibitions may result in the immediate termination of your access to the Website, cancellation of any pending orders, and potential legal action as permitted by applicable law.

5. Orders, Payments, and Pricing

5.1 Order Placement and Confirmation

When you place an order through our Website, you are making an offer to purchase the selected food items at the stated price. Your order is not confirmed until you receive an order confirmation from us, either via email or through the Website interface. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, pricing errors, or suspected fraudulent activity.

You are responsible for ensuring the accuracy of your order, including delivery address, contact information, and any special instructions. We are not responsible for orders that are delayed, lost, or incorrect as a result of information you provided inaccurately.

5.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Prices are subject to change without prior notice. In the event of a pricing error, we reserve the right to cancel the order and notify you promptly, offering you the opportunity to re-order at the correct price.

Delivery fees, service charges, and gratuities, where applicable, will be clearly disclosed before you complete your purchase. We make no representations that pricing will be identical across all ordering channels.

5.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed on our Website at the time of checkout. By providing your payment information, you represent and warrant that you are authorized to use the payment method submitted and that the information you provide is accurate and complete.

All payment transactions are processed through secure, third-party payment processors. We do not store your full credit card number on our servers. Your use of any third-party payment service is subject to that third party's terms and conditions.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If there is an issue with your order, such as receiving incorrect items or a quality concern, please contact us at [email protected] within a reasonable time. We will evaluate each situation on a case-by-case basis and, where appropriate, offer a refund, credit, or replacement order at our discretion.

Cancellations requested before food preparation has begun may be honored at our discretion. Once preparation has started, we cannot guarantee cancellation or refund of your order.

5.5 Promotional Offers and Coupons

Promotional offers, discount codes, and coupons are subject to their specific terms and conditions and may be limited in time, quantity, or eligibility. We reserve the right to modify or discontinue any promotion at any time without notice. Promotions may not be combined unless explicitly stated.

6. Allergen and Dietary Information

Dions makes reasonable efforts to provide accurate allergen and nutritional information about our menu items. However, our food is prepared in a kitchen environment where allergens such as gluten, dairy, nuts, soy, eggs, and shellfish are present. We cannot guarantee that any menu item is entirely free from allergens or cross-contamination.

If you have severe food allergies or dietary restrictions, we strongly encourage you to contact us directly before placing an order to discuss your specific needs. By placing an order, you acknowledge that you assume the risk associated with potential allergen exposure, and you agree to hold Dions harmless from any claims arising from allergen-related reactions, except where caused by our gross negligence.

7. Intellectual Property Rights

The Website and all of its content, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the compilation thereof (collectively, the "Content"), are the exclusive property of Dions or its content suppliers and are protected by United States and international intellectual property laws, including copyright, trademark, trade dress, and other applicable 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.

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 Website and its Content solely for your personal, non-commercial purposes related to placing orders and using our services. This license does not include the right to:

• Modify or create derivative works based on the Content;
• Commercially exploit the Content in any manner;
• Reproduce, distribute, display, or perform the Content in public without our prior written consent;
• Remove or alter any proprietary notices or labels on the Content.

Any unauthorized use of the Content terminates the license granted above and may violate copyright, trademark, and other applicable laws, potentially resulting in civil or criminal liability. We reserve all rights not expressly granted in these Terms.

If you submit any feedback, suggestions, reviews, or other communications to us regarding the Website or our services ("Feedback"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Feedback for any purpose without compensation or attribution to you.

8. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH IT 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, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENTNESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

No advice or information, whether oral or written, obtained by you from Dions or through the Website shall create any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY 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 or use of, or inability to access or use, the Website or our services;
• Any conduct or content of any third party on the Website;
• Any content obtained from the Website;
• Unauthorized access to or alteration of your transmissions or data;
• Any food product ordered through our Website, including any adverse reactions;
• Errors or omissions in any content or information on the Website;
• Delays or interruptions in service or transmission.

IN ANY CASE, THE AGGREGATE LIABILITY OF DIONS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU PAID TO DIONS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.

The limitations of liability set forth above shall apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Dions has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply fully to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless Dions and its officers, directors, employees, agents, contractors, partners, licensors, and successors (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way connected with:

• Your access to or use of the Website or our services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement of any third-party intellectual property, privacy, or other rights;
• Any content or information you submit, post, or transmit through the Website;
• Your negligence or willful misconduct;
• Any dispute you have with another user of the Website.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate fully with our defense of such matter. You shall not settle any claim without our prior written consent.

11. 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. These links are provided for your convenience only, and their inclusion does not imply any endorsement, approval, or sponsorship by Dions. We have no control over the content, privacy policies, or practices of any third-party websites and are not responsible for any damage or loss caused or alleged to be caused by your use of or reliance on any such third-party content, goods, or services.

We strongly encourage you to review the terms of service and privacy policies of any third-party website you visit. Your interactions with third-party websites are solely between you and that third party, and Dions shall have no liability with respect to such interactions.

12. Privacy and Data Protection

Your use of the Website is also governed by our Privacy Policy, which is available on our Website and is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information in accordance 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 (15 U.S.C. § 41 et seq.).

By using the Website, you consent to the collection, use, and sharing of your information as described in our Privacy Policy. If you do not agree with our Privacy Policy, please discontinue your use of the Website.

13. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (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 is registered and operates, without regard to conflict of law principles that would require the application of the law of any other jurisdiction.

Subject to the arbitration provisions set forth in Section 14, you irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in the applicable state of Dions' principal place of business for the resolution of any dispute not subject to arbitration. You waive any objection to such courts on the grounds of inconvenient forum, improper venue, or lack of jurisdiction.

Nothing in this Section shall limit the right of Dions to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of its intellectual property rights or other proprietary rights.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Dions at [email protected] and provide a written description of the dispute, the amount involved, and the relief sought. You and Dions will attempt to resolve the dispute through informal negotiation within thirty (30) days of submission. If the dispute is not resolved within that period, either party may proceed to arbitration as set forth below.

14.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND PROVIDES THAT DISPUTES WILL BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN IN COURT.

Except as specifically provided in Section 14.4, all disputes arising out of or relating to these Terms, the Website, or our services shall be resolved through final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, as modified by these Terms. The arbitration shall be conducted in the English language. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

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

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction. Additionally, Dions reserves the right to seek injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or other proprietary rights.

14.5 Arbitration Fees

The AAA's Consumer Arbitration Rules will govern the allocation of arbitration fees. If your claim is for $10,000 or less, we will pay all AAA filing, administration, and arbitrator fees. If your claim exceeds $10,000, the payment of arbitration fees will be governed by the AAA Consumer Arbitration Rules.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you continue to access or use the Website or our services. We reserve the right to terminate or suspend your access to the Website and any related accounts, with or without cause and with or without notice, effective immediately, for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Your violation of any applicable law or regulation;
• Requests by law enforcement or other government agencies;
• Extended periods of inactivity on your account;
• Technical issues, security concerns, or unexpected circumstances;
• Our decision to discontinue the Website or any portion of our services.

Upon termination, your right to use the Website and our services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. If you wish to terminate your account, you may do so by contacting us at [email protected].

16. Changes to These Terms

Dions reserves the right to modify, update, or revise these Terms at any time in its sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate, provide you with additional notice, such as by sending an email to the address associated with your account or by displaying a prominent notice on the Website.

Your continued access to or use of the Website after the effective date of any revised Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must immediately cease using the Website and may terminate your account by contacting us. We encourage you to review these Terms periodically to stay informed of any updates.

We may also make changes to the Website and our services at any time without notice, and we are not obligated to maintain prior versions of the Website or any related content.

17. Severability

If any provision of these Terms is held by a court of competent jurisdiction or an arbitrator to be invalid, void, unenforceable, or contrary to applicable law, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, 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 such right or provision unless acknowledged and agreed to by Dions in writing. No waiver of any term shall be deemed a continuing or further waiver of such term or any other term.

These Terms constitute the entire agreement between you and Dions with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

18. Electronic Communications and Consent

By using our Website and creating an account, you consent to receive electronic communications from Dions, including via email, push notifications, and text messages (where you have opted in). These communications may include order confirmations, promotional offers, service updates, and other information related to your use of our services.

You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may opt out of promotional emails at any time by following the unsubscribe link included in such emails or by contacting us at [email protected]. Note that transactional communications, such as order confirmations, cannot be opted out of while you maintain an active account.

19. Force Majeure

Dions shall not be liable for any delay or failure to perform its obligations under these Terms or in connection with our services if such delay or failure results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, fire, floods, earthquakes, governmental actions, war, civil unrest, labor disputes, supply chain disruptions, power outages, internet failures, or other events of force majeure. In such events, our obligations will be suspended for the duration of the force majeure event, and we will resume performance as soon as reasonably practicable.

20. No Third-Party Beneficiaries

These Terms are for the sole benefit of you and Dions and our respective permitted successors and assigns. Nothing in these Terms, expressed or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

21. Accessibility

Dions is committed to making our Website accessible to individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG). If you experience any accessibility barriers while using our Website, please contact us at [email protected] so that we may assist you and improve our accessibility features.

22. Compliance with Laws

You agree to comply with all applicable federal, state, and local laws, rules, and regulations in connection with your use of the Website and our services. In particular, you acknowledge the applicability of the following:

23. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, your rights under applicable law, or your interactions with Dions, please do not hesitate to contact us using the information below: