Terms of Service

Please read these Terms of Service carefully before using the website eatdions.click or any services offered by Dions. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must 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 located at eatdions.click (the "Website"), including all content, features, products, and services offered therein.

By visiting our Website, placing an order, creating an account, subscribing to our newsletter, or otherwise engaging with any of our services, you expressly agree to be bound by these Terms. This agreement is effective as of the date you first access or use the Website.

If you are using our Website on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and "you" and "your" will refer to such entity. If you do not have such authority, you must not accept these Terms or use the Website on behalf of such entity.

We reserve the right to update, modify, or replace any part of these Terms at any time. Your continued use of the Website following the posting of any changes constitutes acceptance of those changes. It is your responsibility to check this page periodically for updates.

2. Description of Services

Dions is a food business operating in the United States, providing customers with access to food products, meal options, catering services, and related culinary offerings. Our services include, but are not limited to, the following:

• Online Ordering: Customers may browse our menu and place orders for food products through our Website or affiliated platforms.
• Delivery Services: We offer food delivery to eligible addresses within our designated service areas. Delivery availability, fees, and timeframes are subject to change and are disclosed at the time of ordering.
• Pickup Orders: Customers may place orders in advance and pick them up at our designated location(s) at the specified time.
• Catering Services: We may offer catering solutions for events, gatherings, and corporate functions. Catering orders are subject to separate agreements and minimum order requirements.
• Promotional Offers: From time to time, we may offer special promotions, discounts, loyalty programs, or limited-time deals accessible through the Website or via email communications.
• Customer Accounts: Users may create an account on our Website to manage orders, save preferences, and access exclusive offers.
• Informational Content: Our Website provides information about our menu, ingredients, nutritional data, allergen information, company news, and other food-related content.

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

All food products are subject to availability. Menu items, prices, and offerings may vary by location and are subject to change without prior notice. Images displayed on the Website are for illustrative purposes only and may not exactly represent the final product served or delivered.

3. Eligibility and User Obligations

3.1 Eligibility

To use our Website and services, you must be at least eighteen (18) years of age or the age of majority in your state of residence, whichever is greater. By using our Website, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you must not access or use our Website.

3.2 Account Registration

Certain features of our Website may require you to register for an account. When you register, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security of your password and accept all risks of unauthorized access to your account;
• Immediately notify us at [email protected] if you discover or suspect any security breaches related to your account;
• Be responsible for all activities that occur under your account.

3.3 User Obligations

As a user of our Website and services, you agree to:

• Use the Website and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws, rules, and regulations when using our services;
• Provide accurate and truthful information when placing orders, including delivery addresses and contact details;
• Be present or make arrangements for receipt of your order at the specified delivery address or pickup location;
• Treat our staff, delivery personnel, and other users with respect and dignity;
• Pay all applicable charges, fees, and taxes associated with your orders in a timely manner.

3.4 Prohibited Activities

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

• Using the Website for any unlawful purpose or in violation of any local, state, federal, or international laws or regulations;
• Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website;
• Using automated means, bots, scrapers, or similar tools to access, collect data from, or interact with the Website without our prior written consent;
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website or its services for commercial purposes without our express written permission;
• Submitting false, misleading, or fraudulent orders, reviews, or information;
• Interfering with or disrupting the integrity or performance of the Website or its servers or networks;
• Uploading or transmitting viruses, malware, or other harmful code;
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Website;
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity;
• Using the Website to send unsolicited communications, spam, or chain letters;
• Attempting to reverse engineer, decompile, disassemble, or derive source code from any portion of the Website;
• Engaging in any activity that could damage, disable, overburden, or impair our servers or networks;
• Using our intellectual property, including trademarks, logos, or brand assets, without express written permission.

Violation of any prohibited activities may result in immediate termination of your account and access to our services, and may subject you to legal liability.

4. Intellectual Property Rights

The Website and all of its content, features, and functionality — including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof — are owned by Dions, its licensors, or other content providers, and are protected by United States copyright, trademark, patent, trade secret, and other applicable intellectual property or proprietary rights laws.

4.1 Ownership

All intellectual property rights in and to the Website, its content, and any materials provided through our services are and shall remain the exclusive property of Dions and its licensors. Nothing in these Terms shall be construed to grant you any ownership rights in or to our intellectual property.

4.2 Limited License

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

• Any resale or commercial use of the Website or its contents;
• Any collection and use of any product listings, descriptions, or prices;
• Any derivative use of the Website or its contents;
• Any downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

4.3 Trademarks

The Dions name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Dions or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

4.4 User-Submitted Content

If you submit any content to our Website, including reviews, comments, photographs, or feedback ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or control all rights in the User Content you post, and that such content does not violate these Terms or any applicable law.

5. Payment Terms

5.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Prices are inclusive of applicable taxes where required by law. Delivery fees, service charges, and other applicable fees will be disclosed to you before you complete your purchase.

5.2 Payment Methods

We accept various payment methods as displayed on our Website at the time of checkout, which may include major credit cards, debit cards, and other electronic payment methods. 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 all applicable fees and taxes.

5.3 Order Confirmation

Upon completion of your order and successful payment processing, you will receive an order confirmation via the email address associated with your account or order. This confirmation does not constitute our acceptance of your order; it is merely a record of your order submission. We reserve the right to cancel or refuse any order for any reason, including but not limited to product unavailability, errors in pricing or product information, or suspected fraudulent activity.

5.4 Refunds and Cancellations

Our refund and cancellation policy is as follows:

• Orders may be cancelled within a limited time window after placement, as specified on our Website or communicated to you at the time of order.
• Refunds for cancelled orders, if applicable, will be processed to the original payment method within seven (7) to ten (10) business days.
• In the event that you receive an incorrect or unsatisfactory order, please contact us within twenty-four (24) hours of receipt at [email protected] to report the issue and discuss resolution options.
• We reserve the right to decline refund requests where we determine, in our sole discretion, that the issue does not warrant a refund or where our policies have not been followed.

5.5 Taxes

You are responsible for all applicable taxes associated with your purchases. We will collect applicable sales tax where required by law and remit such taxes to the appropriate governmental authority.

6. Food Allergen and Dietary Information Disclaimer

We endeavor to provide accurate allergen and nutritional information for all menu items available on our Website. However, please be aware of the following important notices:

• Our food products are prepared in kitchen environments that may handle common allergens, including but not limited to gluten, dairy, eggs, nuts, shellfish, soy, and other allergens.
• Cross-contamination may occur during food preparation and handling. We cannot guarantee that any menu item is completely free from allergens.
• Customers with known food allergies, sensitivities, or dietary restrictions are strongly advised to contact us directly before placing an order to discuss their specific needs.
• Nutritional information provided on our Website is approximate and may vary based on preparation methods, ingredient variations, and portion sizes.
• We shall not be held liable for any allergic reactions, adverse health events, or other consequences arising from the consumption of our food products where you have failed to disclose relevant dietary requirements or review allergen information.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or anticipated savings;
• Loss of data or information;
• Loss of goodwill or business reputation;
• Cost of procurement of substitute goods or services;
• Personal injury or property damage;
• Any other indirect, special, incidental, or consequential damages;

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE OR SERVICES, ANY CONTENT OBTAINED FROM THE WEBSITE, OR ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

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

8. Disclaimers

8.1 As-Is Basis

THE WEBSITE AND ALL CONTENT, FEATURES, AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• Any implied warranty of merchantability;
• Any implied warranty of fitness for a particular purpose;
• Any implied warranty of title or non-infringement;
• Any warranty that the Website will be uninterrupted, timely, secure, or error-free;
• Any warranty regarding the accuracy, reliability, completeness, or timeliness of any content or information available through the Website.

8.2 Third-Party Content and Links

Our Website may contain links to third-party websites, services, or resources. We do not control and are not responsible for the content, accuracy, or practices of any third-party websites. The inclusion of any link does not imply endorsement by Dions of the linked website. You access third-party websites at your own risk, and you should review the terms of service and privacy policies of any third-party websites you visit.

8.3 Service Interruptions

We do not warrant that the Website will operate continuously or be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, or otherwise modify the Website at any time, without notice to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless Dions, its officers, directors, employees, agents, licensors, service providers, successors, and assigns 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 use of or access to the Website or our services;
• Your violation of these Terms;
• Your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right;
• Any claim that your User Content caused damage to a third party;
• Your violation of any applicable federal, state, or local laws, rules, or regulations;
• Your gross negligence or willful misconduct;
• Any misrepresentation made by you.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

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 of America and the applicable state laws, without regard to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the state where Dions is registered and operates. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

These Terms are also subject to applicable provisions of the Federal Trade Commission Act (FTC Act), which governs unfair or deceptive practices in commerce, and other applicable federal consumer protection laws.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting Dions at [email protected] and providing a written description of the dispute, the relief you seek, 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 described below.

11.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes that qualify for small claims court, you and Dions agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Website or services, shall be resolved by binding arbitration, rather than in court.

Arbitration shall be conducted by a nationally recognized arbitration provider agreed upon by both parties, or if the parties cannot agree, by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall take place in a mutually agreeable location in the United States. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

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

11.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.

12. Term and Termination

12.1 Term

These Terms shall remain in full force and effect for as long as you use or access the Website or our services, or until otherwise terminated in accordance with this section.

12.2 Termination by You

You may terminate your relationship with us at any time by discontinuing your use of the Website and, if applicable, by deleting your account. Your termination of an account does not relieve you of any obligations to pay any amounts owed to us prior to termination.

12.3 Termination by Us

We reserve the right, in our sole discretion, to terminate or suspend your account and access to the Website at any time, with or without notice and without liability to you, for any reason, including but not limited to:

• Your violation of these Terms;
• Your engagement in any prohibited activities;
• Suspected fraudulent, abusive, or illegal activity;
• Non-payment of amounts owed to us;
• Our decision to discontinue services.

12.4 Effect of Termination

Upon termination, your right to use the Website and 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.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify, update, or replace these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate, we may provide additional notice to you, such as via email or a prominent notice on our Website.

Your continued use of the Website or our services after any changes to these Terms become effective constitutes your binding acceptance of those changes. If you do not agree to the revised Terms, you must immediately stop using the Website and services.

We encourage you to review these Terms periodically to ensure you are aware of any changes. If any change is unacceptable to you, your only recourse is to discontinue use of the Website and services.

14. Privacy Policy

Your use of our Website is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, and share information about you when you use our Website and services. By agreeing to these Terms, you also acknowledge and agree to the terms of our Privacy Policy.

If you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as further described in our Privacy Policy. These rights may include the right to know, the right to delete, the right to correct, and the right to opt out of the sale or sharing of personal information.

15. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of these Terms will continue in full force and effect.

The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision hereof, and all other provisions shall remain in full force and effect. The parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision to the extent permitted by law.

16. Entire Agreement

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

No failure or delay by us in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or privilege under these Terms shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

17. Force Majeure

Dions shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including but not limited to: acts of God, flood, fire, earthquake, explosion, pandemic, epidemic, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot, civil disturbance, embargoes, national emergency, strikes, labor stoppages or slowdowns, or other industrial disturbances, shortage of adequate power or transportation facilities, or any other cause beyond our reasonable control.

18. Electronic Communications

By using our Website and services, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of marketing communications at any time by following the unsubscribe instructions contained in any email we send you or by contacting us directly. Please note that even if you opt out of marketing emails, we may still send you transactional or administrative emails related to your account or orders.

19. Third-Party Services

Our services may be integrated with or may otherwise interact with third-party applications, websites, and services ("Third-Party Services") to make our Website and services available to you. These Third-Party Services may have their own terms and conditions and privacy policies, and your use of these Third-Party Services is governed by and subject to such terms and policies. We do not endorse and are not responsible or liable for the behavior, features, or content of any Third-Party Services.

20. Feedback and Suggestions

If you provide us with any feedback, comments, suggestions, or recommendations regarding our Website or services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You should not submit any Feedback you consider confidential or proprietary.

21. Contact Information

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

We will make every effort to respond to your inquiries within a reasonable timeframe. For urgent matters related to food safety or allergic reactions, please contact local emergency services immediately.