Terms of Service

Please read these Terms of Service carefully before using the website pizzdion.digital 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 legally bound by these Terms of Service. If you do not agree with any part of these terms, you must discontinue use of our website and services immediately.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract 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 pizzdion.digital (the "Site") and all related services, content, features, and functionality offered by Dions (collectively, the "Services").

By accessing the Site, creating an account, placing an order, submitting any information, or otherwise using any part of our Services, you represent and warrant that:

• 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 to use these Services;
• You have the legal capacity and authority to enter into this binding Agreement;
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference;
• Your use of the Services does not violate any applicable law or regulation in the United States or in the jurisdiction in which you reside.

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

2. Description of Services

Dions is a food service business operating in the United States. Through our website at pizzdion.digital, we offer the following services:

• Online Menu Browsing: Users may browse our full menu of food and beverage offerings, including descriptions, pricing, nutritional information (where available), and allergen notices.
• Online Ordering: Users may place orders for food and beverages for pickup or delivery, subject to availability and geographic service areas.
• Account Management: Users may create and manage personal accounts, track order history, save preferences, and manage payment methods.
• Promotions and Loyalty Programs: From time to time, Dions may offer coupons, discounts, loyalty rewards, and promotional offers through the Site.
• Customer Support: Users may contact our team for assistance with orders, complaints, billing inquiries, and general questions.
• Catering and Special Orders: Dions may offer catering services and large-format orders for events or group dining, subject to separate terms and advance notice requirements.

All Services are subject to availability. Dions reserves the right to modify, suspend, or discontinue any feature or aspect of the Services at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

Our Services are intended for personal, non-commercial use. Any commercial use of the Services without our prior written consent is strictly prohibited.

3. User Accounts and Registration

Some features of our Site may require you to register for an account. When creating 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, current, and complete;
• Keep your account credentials, including your password, confidential and secure;
• Notify us immediately at [email protected] if you suspect 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.

Dions reserves the right to suspend or terminate any account at our sole discretion, without notice or liability, if we determine that the account information is inaccurate, that account activity violates these Terms, or for any other reason we deem appropriate in accordance with applicable law.

You may not create more than one account per individual, and you may not transfer your account to any other person or entity without our prior written consent.

4. User Obligations and Prohibited Activities

As a condition of your access to and use of our Services, you agree to comply with all applicable local, state, and federal laws and regulations of the United States, including but not limited to the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45, and all applicable food safety, consumer protection, and electronic commerce regulations.

4.1 User Obligations

You agree that you will:

• Use the Services only for lawful purposes and in a manner that does not infringe upon the rights of others;
• Provide true, accurate, and complete information in all forms, submissions, and orders on the Site;
• Honor all orders you place and make timely payment for all purchases;
• Treat Dions employees, contractors, and delivery partners with respect and in accordance with applicable law;
• Comply with all instructions and guidelines provided by Dions relating to the use of our Services.

4.2 Prohibited Activities

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

• Fraudulent Orders: Placing orders with no intention to pay, using fraudulent payment methods, or engaging in any form of payment fraud or chargeback abuse;
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Site, server systems, databases, or connected networks;
• Scraping and Data Harvesting: Using automated bots, scrapers, crawlers, or any other automated means to extract, collect, or harvest data from the Site without our express written consent;
• Interference: Transmitting viruses, malware, spyware, or any other harmful or malicious code; engaging in denial-of-service attacks or any activity that disrupts or interferes with the integrity, performance, or availability of the Site;
• Impersonation: Impersonating any person or entity, including Dions staff, or falsely claiming an affiliation with any person or organization;
• Illegal Use: Using the Services in connection with any illegal activity, including but not limited to money laundering, fraud, identity theft, or any other criminal offense under United States federal or state law;
• Spam and Unsolicited Communications: Sending unsolicited commercial communications, chain letters, or any form of spam through or in connection with the Site;
• Reverse Engineering: Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Site or any software used in connection with the Services;
• Defamatory or Harmful Content: Submitting, posting, or transmitting any content that is defamatory, harassing, abusive, threatening, obscene, or otherwise objectionable;
• Resale: Reselling or attempting to commercially exploit the Services or any content on the Site without our prior written authorization.

Violation of these prohibitions may result in immediate termination of your account and access to the Services, and may subject you to civil and/or criminal liability under applicable United States law.

5. Payment Terms

When you place an order through the Site, you agree to pay all applicable fees, charges, taxes, and delivery costs associated with your order. The following payment terms apply:

5.1 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices shown at the time of order placement are final for that transaction. We reserve the right to correct pricing errors at any time.

5.2 Payment Methods

We accept payment via major credit cards (Visa, Mastercard, American Express, Discover), debit cards, digital wallets, and any other methods indicated on the checkout page at the time of your transaction. By submitting payment, you represent and warrant that you are authorized to use the payment method provided and that all payment information is accurate and complete.

5.3 Taxes

All applicable federal, state, and local sales taxes will be calculated and added to your order total at checkout in accordance with applicable United States tax law. You are solely responsible for any taxes applicable to your purchase.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. Refund requests will be evaluated on a case-by-case basis. If you believe your order was incorrect, damaged, or significantly different from what was described, please contact us at [email protected] within 24 hours of receiving your order. Dions reserves the right to issue refunds, credits, or replacements at our sole discretion, in compliance with applicable consumer protection laws.

5.5 Chargebacks

If you initiate a chargeback with your bank or credit card provider for an order that Dions fulfilled as described, we reserve the right to contest the chargeback and recover any associated fees and costs, including reasonable attorney's fees, to the extent permitted by applicable law.

6. Intellectual Property Rights

All content, materials, and intellectual property available on or through the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the overall design and compilation of the Site (collectively, "Content"), are the exclusive property of Dions or its licensors and are protected under applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, trade dress law, and other applicable statutes.

6.1 License to Users

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

• Reproduce, distribute, publicly display, or publicly perform any Content;
• Modify, create derivative works from, or adapt any Content;
• Use any Content for commercial purposes without our prior written consent;
• Use any data mining, robots, or similar data gathering or extraction tools on the Site.

6.2 Trademarks

The name "Dions," the Dions logo, and all related marks, trade names, service marks, and trade dress are trademarks or registered trademarks of Dions. You may not use any of these marks without our prior written permission. All other trademarks displayed on the Site are the property of their respective owners.

6.3 User-Generated Content

If you submit reviews, comments, feedback, photos, or other content to the Site ("User Content"), you grant Dions a worldwide, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our Services and business operations. You represent and warrant that your User Content does not infringe upon the intellectual property rights or privacy rights of any third party.

7. Food Allergen and Dietary Information Disclaimer

Dions makes reasonable efforts to provide accurate allergen and nutritional information for our menu items. However, we cannot guarantee that any menu item is completely free from any specific allergen, as our food is prepared in a shared kitchen environment where cross-contamination may occur.

If you have a food allergy, food intolerance, or other dietary restriction, it is your responsibility to notify us of your specific needs and to exercise appropriate caution when placing and consuming your order. Dions shall not be liable for any adverse reactions, health consequences, or injuries resulting from allergen exposure unless caused by our gross negligence or willful misconduct.

Nutritional information provided on the Site, if any, is approximate and for informational purposes only. It may not account for variations in preparation, ingredients, portion sizes, or substitutions.

8. Disclaimers — "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. DIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, 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, TIMELINESS, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE SITE;
• WARRANTIES THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED;
• WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES ARE LIMITED TO THE MINIMUM WARRANTY PERIOD REQUIRED BY APPLICABLE LAW.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES FEDERAL AND STATE LAW, IN NO EVENT SHALL DIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR ANTICIPATED SAVINGS;
• LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES;
• LOSS OF GOODWILL OR REPUTATION;
• LOSS OF DATA OR INFORMATION;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES, EXCEPT WHERE SUCH LIABILITY ARISES FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
• ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY OTHER MATTER RELATING TO THE SERVICES.

IN ANY CASE, DIONS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DIONS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, STATUTORY LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

10. Indemnification

You agree to defend, indemnify, and hold harmless Dions and its officers, directors, members, employees, agents, contractors, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees and litigation costs) arising out of or relating to:

• Your access to or use of the Site or Services;
• Your violation of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or contractual right;
• Any User Content you submit, post, or transmit through the Site;
• Any fraudulent, negligent, or wrongful act or omission by you in connection with the Services;
• Any claim by a third party arising from your use of the Services.

Dions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Dions in asserting any available defenses. You shall not settle any such claim without the prior written consent of Dions.

11. Third-Party Links and Services

The Site 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 and informational purposes only. Dions does not endorse, control, or assume any responsibility for the content, privacy policies, practices, or terms of service of any third-party websites or services.

Your interactions with third-party websites and services are solely between you and such third parties. We encourage you to review the terms and privacy policies of any third-party websites or services you visit. Dions shall not be liable for any damages, losses, or harm arising from your access to or use of any third-party websites or services.

12. Governing Law and Jurisdiction

These Terms of Service, and any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Services, or the relationship between you and Dions, shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which Dions is registered and operates, without regard to conflict of law provisions.

Subject to the dispute resolution provisions set forth in Section 13 below, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the United States for the resolution of any disputes not subject to arbitration. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms or to any transactions conducted through the Site.

To the extent that any applicable federal or state consumer protection law applies to your use of the Services, nothing in these Terms shall be interpreted to waive any rights you may have under such applicable law, including but not limited to rights under the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) and applicable state consumer protection statutes.

13. Dispute Resolution

13.1 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, your name, contact information, and a description of the relief sought. The parties agree to attempt to resolve the dispute informally for a period of thirty (30) days from the date of receipt of the written notice. If the dispute is not resolved within this period, either party may proceed to formal dispute resolution as set forth below.

13.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT AND EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, 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 SERVICES, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, WHICH ARE HEREBY INCORPORATED BY REFERENCE. THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

The arbitration shall be conducted in English, and the seat of arbitration shall be in the United States. The arbitrator shall apply the governing law specified in Section 12 of these Terms. The arbitrator shall have authority to award any remedy that would otherwise be available in a court of law.

13.3 Class Action Waiver

YOU AND DIONS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, 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.

13.4 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 intellectual property rights, confidential information, or other proprietary rights, pending final resolution by arbitration.

14. 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.

14.1 Termination by You

You may terminate your account and stop using the Services at any time by contacting us at [email protected] and requesting account deletion. Termination does not relieve you of any outstanding payment obligations incurred prior to termination.

14.2 Termination by Dions

Dions reserves the right, at its sole discretion and without prior notice or liability, to suspend or terminate your account and access to the Services for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Conduct that Dions determines, in its sole judgment, to be harmful, fraudulent, abusive, or otherwise objectionable;
• Requests from law enforcement or other government authorities;
• Extended periods of account inactivity;
• Discontinuation of the Services or any portion thereof.

14.3 Effect of Termination

Upon termination, your right to access and use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

15. Changes to Terms

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

Your continued access to or use of the Site or Services after the effective date of any revised Terms constitutes your acceptance of those revised Terms. If you do not agree with any changes to the Terms, you must cease using the Services and, if applicable, deactivate your account.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check these Terms regularly for any changes.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or contrary to applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be deemed severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall be construed and enforced as if the invalid, illegal, or unenforceable provision had never been included.

The invalidity or unenforceability of any provision of these Terms in one jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction.

17. Entire Agreement and Waiver

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 with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.

No waiver by Dions of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Dions's failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Dions to be effective.

18. 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 events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic conditions, fire, flood, earthquake, severe weather, acts of war or terrorism, civil unrest, strikes or labor disputes, governmental actions, power failures, internet outages, supply chain disruptions, or any other force majeure event.

In the event of a force majeure event, Dions will use commercially reasonable efforts to resume normal operations as promptly as possible and will notify affected customers through the Site or via email where practicable.

19. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of Dions. Any purported assignment in violation of this section shall be null and void.

Dions may freely assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

20. Electronic Communications

By using our Site and Services, you consent to receive electronic communications from Dions, including emails, text messages (where applicable and with appropriate consent), and on-site notifications. These electronic communications may include order confirmations, account updates, promotional materials (where you have opted in), and important notices regarding these Terms or the Services.

You acknowledge and agree that all notices, disclosures, agreements, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. To withdraw consent to receive electronic communications, please contact us at [email protected]. Please note that withdrawing consent may affect your ability to use certain features of the Services.

21. Accessibility

Dions is committed to ensuring that our Site and Services are accessible to individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) as relevant under Section 508 of the Rehabilitation Act and Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12181 et seq. If you experience any accessibility barriers while using our Site, please contact us so we can assist you and improve our Services.

22. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you need to contact us for any reason related to your use of the Site or Services, please reach out to us using the contact information below:

We will make every reasonable effort to respond to your inquiry within five (5) business days. For urgent matters related to food safety, allergic reactions, or immediate health concerns, please contact your local emergency services or health authority directly.