Terms of Service

Please read these Terms of Service carefully before accessing or using the website dionshot.click or any services offered by Dions. By accessing our website, placing an order, or otherwise using our services, you agree to be legally bound by these Terms of Service. If you do not agree to these terms, you must immediately discontinue use of our website and services.

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"), a food business operating in the United States, with its contact email at [email protected] and website at dionshot.click.

By accessing or using our website, browsing our menu, placing an order online, subscribing to any service, or otherwise engaging with Dions through any channel, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms of Service in their entirety.
• You are at least 18 years of age, or you are accessing the website under the supervision of a parent or legal guardian who agrees to these Terms on your behalf.
• You have the legal capacity to enter into a binding contract under the laws of the United States and the state in which you reside.
• You are not prohibited by any applicable law from accessing or using our services.

If you are using our services 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 references to "you" shall include that entity.

Your continued use of our website and services following the posting of any amendments to these Terms constitutes your acceptance of such amendments. We reserve the right to modify these Terms at any time, and it is your responsibility to review them periodically.

2. Description of Services

Dions is a food business that provides customers with access to a variety of food-related products and services, which may include but are not limited to:

• Online Ordering: Customers may browse our menu and place food orders through our website at dionshot.click.
• Delivery Services: We may offer food delivery to designated service areas, subject to availability, geographic limitations, and applicable delivery fees.
• Pickup / Takeout Services: Customers may place orders in advance for in-person pickup at our designated location(s).
• Catering and Event Services: Dions may offer catering packages and food services for events, subject to separate catering agreements.
• Promotional Offers and Loyalty Programs: We may provide special promotions, discounts, deals, and loyalty rewards from time to time, subject to specific terms and conditions.
• Informational Content: Our website provides general information about our menu, ingredients, allergens, pricing, and business operations.

All services are subject to availability. We reserve the right to modify, suspend, discontinue, or restrict access to any or all of our services at any time, with or without notice, for any reason, including for maintenance, legal compliance, or business operational purposes. Dions shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

We make reasonable efforts to ensure that menu items, prices, and availability information displayed on our website are accurate and up to date. However, we do not guarantee the accuracy, completeness, or timeliness of such information, and we reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account, placing an order, or interacting with our services.
• Maintain the security and confidentiality of your account credentials and notify us immediately of any unauthorized use or security breach.
• Use our website and services only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations.
• Pay all applicable fees, charges, and taxes associated with your orders and use of our services in a timely manner.
• Ensure that any contact information you provide, including your delivery address, phone number, and email address, is accurate and complete.
• Be present and available to receive your order at the designated delivery address or pickup location at the agreed time.
• Review all food allergen information available on our website and consult with our staff if you have any dietary restrictions, allergies, or medical conditions before placing an order.

3.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities while using our website or services:

• Using our website or services for any unlawful, fraudulent, deceptive, or harmful purpose.
• Attempting to gain unauthorized access to our website, servers, database systems, or any related systems or networks.
• Introducing viruses, malware, spyware, ransomware, or any other harmful code or technology that may damage or compromise our systems or data.
• Using automated bots, scrapers, crawlers, or similar tools to collect data from our website without our express written consent.
• Engaging in any activity that places an unreasonable or disproportionate load on our website infrastructure.
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity.
• Using our platform to send unsolicited communications (spam), promotional materials, or any form of unauthorized advertising.
• Attempting to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of our website or underlying technology.
• Circumventing, disabling, or otherwise interfering with any security features of the website.
• Collecting or harvesting any personally identifiable information from our website without authorization.
• Posting or transmitting any content that is defamatory, obscene, offensive, discriminatory, or otherwise objectionable.
• Placing fraudulent orders, using stolen payment methods, or engaging in any form of payment fraud.
• Abusing our refund, return, or promotional policies, including creating multiple accounts to exploit promotional offers.
• Engaging in any conduct that could damage the reputation, business interests, or legal standing of Dions or its affiliates.

Violation of any of these prohibited activities may result in immediate termination of your account, cancellation of pending orders, and may expose you to civil and/or criminal liability under applicable federal and state laws, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable state cybercrime statutes.

4. Intellectual Property Rights

All content, materials, and intellectual property displayed on or accessible through the dionshot.click website are the exclusive property of Dions or its respective licensors and are protected under applicable United States federal and state intellectual property laws, including but not limited to:

• The Copyright Act of 1976 (17 U.S.C. § 101 et seq.)
• The Lanham Act (15 U.S.C. § 1051 et seq.) governing trademarks and service marks
• Applicable trade secret laws

Protected intellectual property includes, without limitation:

• The Dions brand name, logo, trade name, and all associated trademarks and service marks
• Website design, layout, graphics, images, photographs, and visual elements
• Text, written content, descriptions, recipes, blog posts, and editorial content
• Software, source code, databases, and underlying technology powering our website
• All original content created by Dions, including marketing materials and promotional content

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our website solely for the purpose of using our food ordering and related services for your personal, non-commercial use. This license does not include the right to:

• Reproduce, copy, distribute, or republish any content from our website
• Modify, adapt, translate, or create derivative works based on our content
• Use our trademarks, logos, or brand elements without prior written consent
• Commercially exploit any content or materials from our website
• Frame or mirror any portion of our website on any other website or platform

Any unauthorized use of our intellectual property may result in legal action. If you believe that any content on our website infringes upon your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on our website are in United States Dollars (USD) and are subject to change without notice. Prices are exclusive of applicable taxes and delivery fees unless expressly stated otherwise. The final amount charged to you will be calculated and displayed at checkout before you confirm your order.

5.2 Payment Methods

We accept various forms of payment, which may include major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and other payment methods as indicated 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 provided.
• The payment information you provide is accurate and complete.
• You will promptly update your payment information if it changes.

5.3 Order Confirmation and Charges

Upon placing an order, you will receive an order confirmation via email or on-screen notification. Payment is processed at the time the order is placed. We reserve the right to cancel any order for which payment cannot be processed successfully.

5.4 Taxes

All applicable federal, state, and local sales taxes will be calculated and added to your order total as required by law. You are responsible for any taxes applicable to your purchase.

5.5 Refund and Cancellation Policy

Refunds and cancellations are subject to our Refund Policy, which is incorporated into these Terms by reference. Generally, due to the perishable nature of food products, all sales are considered final once an order has been prepared or dispatched. In the event of an error on our part, an incorrect order, or a documented quality issue, we may offer a replacement, store credit, or refund at our sole discretion. To request a refund or report an issue, please contact us at [email protected] within 24 hours of receiving your order.

6. Food Safety, Allergen Disclaimer, and Health Information

Dions takes food safety seriously and operates in compliance with all applicable federal, state, and local food safety regulations, including guidelines set forth by the U.S. Food and Drug Administration (FDA) and relevant state and local health departments.

Allergen Warning: Our food products may contain or come into contact with common allergens, including but not limited to peanuts, tree nuts, milk, eggs, wheat, soy, fish, shellfish, and sesame. While we make reasonable efforts to provide accurate allergen information on our menu, we cannot guarantee that any item is completely free from allergens due to the shared kitchen environment.

Nothing on our website constitutes medical or nutritional advice. Customers with specific dietary needs, health conditions, or medical concerns should consult a qualified healthcare professional before consuming our products.

7. Limitation of Liability

To the fullest extent permitted by applicable law, including but not limited to the laws of the United States and applicable state laws, Dions, its owners, officers, directors, employees, agents, contractors, licensors, and suppliers shall not be liable for any:

• Indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or other intangible losses.
• Direct damages exceeding the total amount paid by you to Dions in the six (6) months immediately preceding the event giving rise to the claim.
• Damages arising from your use of, or inability to use, our website or services.
• Damages arising from unauthorized access to or alteration of your data or account.
• Damages arising from the conduct or content of any third party on or through our website.
• Damages arising from any interruption, suspension, or termination of service.
• Damages arising from any food-related illness, injury, or adverse reaction, except where caused by our gross negligence or willful misconduct.
• Damages arising from errors or inaccuracies in menu descriptions, pricing, or availability information.
• Damages arising from delays in delivery caused by circumstances beyond our reasonable control.

The limitations set forth in this section shall apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if Dions has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

8. Disclaimers and "As-Is" Basis

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE 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 our website will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
• Warranties as to the accuracy, reliability, completeness, or timeliness of any content, information, or materials on our website.
• Warranties regarding the results that may be obtained from the use of our services.
• Warranties regarding the quality of any products, services, or information purchased or obtained through our website.

We do not warrant or represent that any food product descriptions, images, or nutritional information are complete, accurate, or current. Menu items, ingredients, and preparation methods may vary and are subject to change without notice. We strongly encourage customers to inquire directly with our staff about specific menu items, ingredients, and preparation methods before placing an order.

Any reliance you place on any information provided on our website is strictly at your own risk. Dions expressly disclaims all liability for any loss or damage resulting from such reliance.

9. Indemnification

You agree to indemnify, defend, and hold harmless Dions and its owners, officers, directors, employees, agents, contractors, licensors, service providers, and suppliers (collectively, "Indemnified Parties") 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 of Service or any applicable law or regulation.
• Your use of our website or services, including any orders you place.
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights.
• Any content, information, or materials you submit, post, or transmit through our website.
• Your negligent or wrongful conduct, acts, or omissions.
• Any misrepresentation made by you in connection with your use of our services.
• Any claim by a third party arising from your use of our services or your breach of these Terms.

Dions reserves 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 such claims. You agree not to settle any such matter without the prior written consent of Dions.

10. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to its conflict of law principles. By using our website and services, you consent to the exclusive jurisdiction of the federal and state courts located in the United States for the resolution of any dispute arising out of or related to these Terms or your use of our services.

In addition to applicable state law, the following federal laws may apply to your use of our services and website:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive trade practices.
• The Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.).
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030).
• The Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq.
• The Americans with Disabilities Act (ADA), where applicable to digital accessibility.
• All applicable FDA regulations relating to food safety and labeling.
• The California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA), if you are a California resident.

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know what personal information we collect, the right to request deletion of your personal information, the right to opt out of the sale of your personal information, and the right to non-discrimination for exercising your privacy rights. For more information, please contact us at [email protected].

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services informally by contacting us at [email protected]. We will make reasonable efforts to resolve the dispute informally within thirty (30) days of receiving notice of your complaint. Both parties agree to act in good faith during this informal resolution process.

11.2 Binding Arbitration

If the dispute cannot be resolved informally within the thirty (30) day period, you and Dions agree that any dispute, claim, or controversy arising out of or relating to these Terms, our services, or your use of our website shall be resolved through final and binding arbitration, rather than in court, except as provided below. The arbitration shall be conducted by a mutually agreed-upon arbitration service under its then-current arbitration rules. 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 EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you and Dions each waive any right to a jury trial and to bring or participate in a class action lawsuit.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Claims that may not be subject to arbitration under applicable law are also excluded from this provision.

11.5 Time Limitation

Any claim or cause of action arising out of or related to these Terms or our services must be filed within one (1) year after the claim or cause of action arose, or it will be forever barred. This limitation applies to the fullest extent permitted by applicable law.

12. Term and Termination

12.1 Term

These Terms of Service are effective from the date you first access or use our website or services and shall remain in full force and effect for as long as you continue to use our website or services, unless earlier terminated in accordance with these Terms.

12.2 Termination by User

You may terminate your use of our services at any time by ceasing to access our website and, if applicable, by deleting or requesting the deletion of your account by contacting us at [email protected]. Please note that termination does not entitle you to any refund for any pre-paid amounts or pending orders, unless otherwise provided under our Refund Policy.

12.3 Termination by Dions

Dions reserves the right, in its sole discretion, to terminate, suspend, or restrict your access to our website or services at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms of Service or any applicable law or regulation.
• Fraudulent, deceptive, or abusive behavior.
• Failure to pay any amounts owed.
• Conduct that may harm Dions, our employees, customers, or third parties.
• Business, operational, or legal reasons at our sole discretion.

12.4 Effect of Termination

Upon termination of your access, all licenses and rights granted to you under these Terms shall immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, limitation of liability, disclaimers, indemnification, governing law, and dispute resolution provisions.

13. Changes to Terms

Dions reserves the right to modify, update, or replace these Terms of Service at any time in our sole discretion. When we make material changes to these Terms, we will notify you by:

• Posting the updated Terms on our website at dionshot.click with a new "Last Updated" date.
• Sending an email notification to the address associated with your account (if applicable).
• Displaying a prominent notice on our website.

Your continued use of our website or services after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must immediately discontinue use of our website and services. We encourage you to review these Terms periodically to stay informed about your rights and obligations.

All changes to these Terms are effective immediately upon posting, unless we specify a different effective date. For significant changes, we will provide at least fifteen (15) days' advance notice before the changes take effect.

14. Third-Party Links and Services

Our website may contain links to third-party websites, platforms, or services that are not owned or controlled by Dions. These links are provided for your convenience only, and their inclusion does not imply any endorsement, sponsorship, or affiliation with such third parties. Dions has no control over the content, privacy practices, or terms of service of any third-party websites or services and expressly disclaims all responsibility and liability for any such third-party content, products, or services.

When you access third-party websites through links on our website, you do so at your own risk and are subject to the terms and conditions and privacy policies of those third-party websites. We strongly encourage you to review the applicable terms and privacy policies of any third-party websites you visit.

15. Force Majeure

Dions shall not be liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, earthquakes, floods, fires, or severe weather events.
• Pandemics, epidemics, or public health emergencies.
• Acts of government, government-mandated shutdowns, regulatory actions, or changes in law.
• War, terrorism, civil unrest, or national emergencies.
• Labor disputes, strikes, or shortages of labor or materials.
• Supply chain disruptions or ingredient unavailability.
• Internet outages, cyberattacks, or failures of third-party technology services.
• Power outages or utility failures.

In the event of a force majeure event, Dions will notify customers as soon as reasonably practicable and will make reasonable efforts to resume normal operations as quickly as possible. Customers will be notified of any impact on their orders, and refunds may be offered at our discretion in cases where orders cannot be fulfilled.

16. Privacy Policy

Your use of our website and services is also governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information in compliance with applicable federal and state privacy laws, including the FTC Act and, where applicable, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). By using our services, you consent to our collection and use of your personal information as described in our Privacy Policy.

To review our Privacy Policy or to exercise any privacy rights you may have, please visit dionshot.click or contact us at [email protected].

17. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect as if the invalid or unenforceable provision had never been included.

The parties agree that any unenforceable provision shall be replaced by a valid and enforceable provision that most closely approximates the intent and economic effect of the original provision to the greatest extent possible under applicable law.

18. Waiver

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 any other term or condition. The failure of Dions to assert any 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.

19. Entire Agreement

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

No oral or written representations made by our employees, agents, or representatives outside of these Terms shall be binding on Dions unless expressly incorporated into a written agreement signed by an authorized representative of Dions.

20. Contact Information

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

We will make reasonable efforts to respond to all inquiries within five (5) business days. For urgent matters related to food safety, allergen concerns, or order issues, please contact us as soon as possible so we can address your concern promptly.

By continuing to use the Dions website at dionshot.click and our food services, you acknowledge that you have read, understood, and agree to be fully bound by these Terms of Service and all applicable laws and regulations. Thank you for choosing Dions.