Terms of Service

Please read these Terms of Service carefully before using the website located at dionspizza-fresh.rest (the "Website") or placing any order with Dion's Pizza ("Dion's," "we," "us," or "our"). By accessing our Website, placing an order, or otherwise engaging with our services, you agree to be legally bound by these Terms of Service ("Terms"). 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 constitute a legally binding agreement between you ("User," "Customer," or "you") and Dion's Pizza regarding your use of the Website at dionspizza-fresh.rest and all services, products, and content offered therein. By accessing or using the Website in any manner — including browsing, creating an account, placing an order, or submitting any information — you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional guidelines, policies, or rules that may apply to specific features or promotions offered through the Website.

If you are using this Website on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the terms "you" and "your" shall refer to both you individually and such entity.

You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction (whichever is greater), to use this Website or place orders. By using this Website, you represent and warrant that you meet this age requirement. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

2. Description of Services

Dion's Pizza is a food service business operating in the United States, specializing in the preparation, sale, and delivery (where available) of pizza and related food and beverage products. Our Website provides customers with the ability to:

• Browse our menu of food and beverage offerings;
• Place orders for pickup or delivery (where applicable);
• Create and manage personal accounts;
• Access promotional offers, coupons, and loyalty program information;
• Contact our customer service team;
• Receive information about our locations, hours, and special events;
• Submit feedback, reviews, and ratings about products and services.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services. Availability of menu items, pricing, and delivery options may vary by location and are subject to change without notice.

Dion's Pizza does not guarantee that menu items advertised on the Website will be available at any particular time or location. We reserve the right to substitute items of equal or greater value in the event of unavailability, or to cancel an order and issue a full refund if no suitable substitute is available.

3. User Accounts and Registration

Certain features of our Website may require you to create a user 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 security and confidentiality of your account credentials, including your password;
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other security breach;
• Accept full responsibility for all activities that occur under your account.

You may not use another person's account without their explicit permission. We reserve the right to terminate accounts, refuse service, or cancel orders in our sole discretion, including, but not limited to, accounts that we determine violate these Terms.

4. User Obligations and Prohibited Activities

As a condition of your use of the Website and our services, you agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to those of the United States. You agree to use the Website only for lawful purposes and in a manner consistent with these Terms.

4.1 General Obligations

You agree to:

• Provide truthful, accurate, and complete information when placing orders or creating an account;
• Pay all charges associated with your orders in a timely manner;
• Comply with all instructions, guidelines, and policies posted on the Website;
• Treat our staff and other users with respect and courtesy.

4.2 Prohibited Activities

You expressly agree that you will NOT:

• Use the Website for any fraudulent, illegal, or unauthorized purpose;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Submit false, misleading, or inaccurate information in connection with your account or orders;
• Attempt to gain unauthorized access to any portion of the Website, other accounts, or computer systems connected to the Website;
• Interfere with or disrupt the integrity or performance of the Website or its underlying infrastructure;
• Upload, transmit, or distribute any viruses, malware, or other harmful or destructive content;
• Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Website;
• Use the Website to transmit unsolicited commercial communications (spam);
• Engage in any conduct that restricts or inhibits any other user's use or enjoyment of the Website;
• Collect or store personal information about other users without their consent;
• Place fraudulent orders or orders with the intent to defraud Dion's Pizza;
• Abuse our refund, chargeback, or promotional policies;
• Post defamatory, harassing, threatening, obscene, or otherwise objectionable content through any feedback or review system on the Website.

Violation of these prohibitions may result in immediate termination of your account, cancellation of pending orders, and/or referral to appropriate law enforcement authorities. We reserve the right to pursue all available legal and equitable remedies for any such violations.

5. Intellectual Property Rights

The Website and all of its content, features, and functionality — including but not limited to text, images, photographs, graphics, logos, icons, audio clips, digital downloads, data compilations, software, and the compilation and arrangement thereof — are the exclusive property of Dion's Pizza and/or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Dion's Pizza name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Dion's Pizza. You may not use such marks without the prior written permission of Dion's Pizza. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial use in connection with ordering food products and related services from Dion's Pizza. This license does not include any right to:

• Resell or make any commercial use of the Website or its contents;
• Download, copy, or reproduce any content except as expressly permitted;
• Modify or create derivative works based upon the Website or its contents;
• Use any data mining, robots, or similar data gathering or extraction methods;
• Frame or use framing techniques to enclose any trademark, logo, or other proprietary information.

Any unauthorized use of the materials on this Website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

5.1 User-Submitted Content

If you submit, post, or otherwise make available any content through our Website — including reviews, comments, photographs, or feedback ("User Content") — you grant Dion's Pizza a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant such a license, and that your User Content does not infringe any third party's intellectual property or other rights.

6. Payment Terms and Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Applicable taxes, delivery fees, and service charges will be calculated and displayed at checkout prior to final order confirmation.

6.1 Payment Methods

We accept payment through the methods displayed on our Website at the time of checkout. By submitting an order, you represent and warrant that: (a) any credit or debit card information you supply is true, correct, and complete; (b) charges incurred by you will be honored by your financial institution; (c) you will pay the charges incurred by you at the posted prices, including applicable taxes and fees; and (d) you are the authorized holder of the payment method used.

6.2 Order Confirmation and Processing

Placement of an order through our Website constitutes an offer to purchase from Dion's Pizza. We reserve the right to accept or decline any order for any reason, including but not limited to unavailability of items, errors in pricing or product descriptions, or suspected fraudulent activity. An order is confirmed only when you receive a confirmation notice from us.

6.3 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. However, if you are not satisfied with your order due to an error on our part — such as an incorrect item, missing item, or food safety concern — please contact us promptly at [email protected]. We will review each request on a case-by-case basis and may, at our sole discretion, offer a refund, credit, or replacement. Cancellation of orders after preparation has begun may not be possible.

6.4 Promotional Offers and Coupons

Promotional offers, coupons, and discounts are subject to their own specific terms and conditions, expiration dates, and restrictions. They may not be combined with other offers unless expressly stated. Dion's Pizza reserves the right to modify, suspend, or terminate any promotional offer at any time without prior notice.

7. Delivery and Pickup

Delivery availability, minimum order amounts, delivery fees, and estimated delivery times vary by location and are subject to change. Estimated delivery and pickup times are approximate only and are not guaranteed. Dion's Pizza shall not be liable for any delays caused by circumstances beyond our reasonable control, including but not limited to traffic conditions, weather events, or high order volumes.

You are responsible for providing accurate delivery address information. Dion's Pizza shall not be responsible for orders delivered to incorrect addresses due to inaccurate information provided by the customer. Risk of loss and title for items purchased from us pass to you upon delivery or pickup, as applicable.

8. Allergen and Nutritional Information

Dion's Pizza makes reasonable efforts to provide accurate allergen and nutritional information on the Website. However, our food products are prepared in a kitchen environment where cross-contamination with common allergens (including but not limited to wheat, gluten, dairy, eggs, nuts, and soy) is possible. We cannot guarantee that any menu item is completely free of allergens. Customers with food allergies or dietary restrictions should exercise caution and contact us directly at [email protected] before placing an order. Dion's Pizza shall not be liable for any allergic reactions or dietary concerns arising from consumption of our products.

9. Disclaimers — "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DION'S PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, 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 REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED;
• WARRANTIES THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in their entirety. In such cases, Dion's Pizza's warranties are limited to the greatest extent permitted by applicable law.

We do not warrant that the information on our Website is accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DION'S PIZZA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR OUR SERVICES, EVEN IF DION'S PIZZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL DION'S PIZZA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DION'S PIZZA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you in their entirety. To the extent that a jurisdiction limits our ability to disclaim liability, our liability is limited to the greatest extent permitted by applicable law.

The limitations of liability set forth herein are fundamental elements of the basis of the agreement between Dion's Pizza and you. The Website and services would not be provided without such limitations.

11. Indemnification

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

• Your use of or access to the Website or services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your violation of any third party's rights, including intellectual property rights, privacy rights, or contractual rights;
• Any User Content you submit, post, or transmit through the Website;
• Any fraudulent, negligent, or willful misconduct on your part;
• Any dispute between you and a third party related to your use of our services.

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

12. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources. These links are provided for your convenience only and do not signify our endorsement of such third parties or their content. We have no control over the content, privacy policies, or practices of any third-party websites and accept no responsibility for them. We encourage you to review the terms and privacy policies of any third-party websites you visit. Your access to and use of any third-party websites is entirely at your own risk.

13. Privacy and Data Protection

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, disclose, and protect your personal information. To the extent you are located in California or are a California resident, certain additional rights and protections under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), may apply to you, as described in our Privacy Policy.

By using the Website and submitting personal information to us, you consent to our collection and use of such information as described in our Privacy Policy. Please review our Privacy Policy carefully before using the Website. Any changes to our Privacy Policy will be reflected on our Website.

14. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to them, the Website, or our services shall be governed by and construed in accordance with the laws of the United States and the laws of the state applicable to Dion's Pizza's principal place of business, without regard to its conflict of law principles.

You acknowledge and agree that all matters relating to your access to or use of the Website, including disputes, will be governed by United States federal law and applicable state law. The Federal Trade Commission Act (FTC Act) and other applicable federal consumer protection laws may also apply to certain aspects of our relationship with you.

Subject to the dispute resolution provisions set forth in Section 15 below, you consent to the exclusive jurisdiction of the state and federal courts located in the United States for resolution of any legal action or proceeding arising under these Terms. You waive any objection to the laying of venue of any such proceeding in such courts and waive any claim that such proceeding has been brought in an inconvenient forum.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Dion's Pizza in writing at [email protected] and provide a detailed description of the dispute, the relief you are seeking, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receiving your written notice. If we are unable to resolve the dispute within that period, either party may proceed to formal dispute resolution as described below.

15.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for claims that qualify for small claims court, any and all disputes, controversies, or claims arising out of or relating to these Terms, the breach thereof, the Website, or our services shall be resolved by binding arbitration administered in the United States in accordance with the rules of a recognized arbitration organization, rather than in court. The arbitration shall be conducted in the English language.

The arbitrator shall have the authority to award any remedy that would otherwise be available in court. The arbitrator's decision shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND DION'S PIZZA 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, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. Unless both you and Dion's Pizza agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding.

15.4 Exceptions

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

16. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Website or our services. We reserve the right, in our sole discretion, to terminate or suspend your access to all or any part of the Website and services at any time, with or without cause, with or without notice, effective immediately, including but not limited to:

• Violation of these Terms or any applicable laws;
• Requests by law enforcement or other government authorities;
• Unexpected technical or security issues;
• Extended periods of inactivity;
• Fraudulent, abusive, or otherwise unacceptable behavior.

You may terminate your account at any time by contacting us at [email protected] with a written request. 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, indemnity, and limitations of liability.

17. Changes to These Terms

Dion's Pizza reserves the right, at its sole discretion, to modify, update, or replace any part of these Terms at any time. When we make material changes, we will post the updated Terms on the Website with a revised effective date and, where appropriate, notify you via email or through a prominent notice on the Website.

Your continued use of the Website or our services after any changes to these Terms have been posted constitutes your acceptance of the modified Terms. If you do not agree to the revised Terms, you must stop using the Website and our services immediately. We encourage you to review these Terms periodically for any updates.

It is your responsibility to check this page regularly to take notice of any changes we make, as they are binding on you.

18. Severability

If any provision of these Terms is held to be invalid, illegal, unenforceable, or in conflict with any applicable law by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such 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 not be affected or invalidated by the removal of the unenforceable provision.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision hereof. These Terms shall be construed as if such invalid or unenforceable provisions had never been contained herein, so long as the essential substance of the agreement between the parties is not materially altered.

19. Entire Agreement and Waiver

These Terms, together with our Privacy Policy and any other legal notices or policies published by Dion's Pizza on the Website, constitute the entire agreement between you and Dion's Pizza with respect to your use of the Website and services, and supersede all prior or contemporaneous understandings, agreements, representations, or warranties, whether written or oral, regarding such subject matter.

No waiver by Dion's Pizza 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. Any failure of Dion's Pizza to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Force Majeure

Dion's Pizza shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental restrictions, labor strikes, power failures, internet service interruptions, acts of terrorism, or civil unrest. In such events, our obligations shall be suspended for the duration of the force majeure event, and we shall not be deemed in breach of these Terms.

21. Accessibility

Dion's Pizza is committed to making our Website accessible to all users, including those with disabilities, in compliance with applicable federal and state laws, including the Americans with Disabilities Act (ADA) where applicable. If you experience any difficulty accessing any part of our Website, please contact us at [email protected] so that we can assist you and address any accessibility issues.

22. Electronic Communications

By using the Website or communicating with us electronically, you consent to receiving communications from us in electronic form. We may 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, to the extent permitted by applicable law.

23. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to exercise any rights described herein, please contact us using the following information:

We will make every effort to respond to your inquiry within a reasonable time frame, typically within five (5) to seven (7) business days. For urgent matters related to food safety or order issues, please contact us as soon as possible so we can address your concern promptly.