Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website dionshot.rest or any services, products, or features offered by Dions ("Company," "we," "us," or "our"). By accessing our website, placing an order, or otherwise using our services, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of our website and services.

1. Acceptance of Terms

By visiting, accessing, or using the website located at dionshot.rest (the "Site"), creating an account, placing a food order, or otherwise interacting with any service provided by Dions, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you and Dions, governed by the laws of the United States and the applicable state laws of the jurisdiction in which Dions operates. 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 that entity to these Terms, and in such cases "you" refers to that entity.

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting to the Site. Your continued use of our services following the posting of revised Terms signifies your acceptance of those changes. It is your responsibility to review these Terms periodically for updates.

You must be at least eighteen (18) years of age to use our services. By accessing or using our Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement under applicable law.

2. Description of Services

Dions is a food service business operating in the United States that provides customers with access to food ordering, menu browsing, and related food-related services through its website at dionshot.rest. Our services may include, but are not limited to:

• Online food ordering and menu exploration;
• In-store pickup and delivery coordination services;
• Promotional offers, loyalty programs, and special discounts;
• Customer support and inquiry handling;
• Nutritional information, ingredient listings, and allergen notices;
• Newsletter and marketing communications (with user consent);
• Any other food-related products or services offered by Dions from time to time.

Dions reserves the right, at any time and without notice, to modify, suspend, or discontinue any aspect of its services, including but not limited to the availability of any menu item, feature, database, or content. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

The availability of our food products is subject to change without prior notice. Dions does not guarantee the continuous or uninterrupted availability of any particular menu item or service. Prices, descriptions, and availability of food products displayed on the Site are subject to change at any time and without notice.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the security and confidentiality of any login credentials or account information;
• Promptly notify us of any unauthorized use of your account or any other security breach;
• Use our services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances;
• Treat our staff, representatives, and other users with respect and courtesy;
• Ensure that any order you place is intended for genuine personal or business consumption purposes.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Site or services for any fraudulent, deceptive, or unlawful purpose;
• Submit false, misleading, or inaccurate information in connection with orders, account creation, or communications;
• Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site;
• Use any automated means, including bots, scrapers, or data mining tools, to access, collect, or harvest data from the Site without our express written permission;
• Introduce any viruses, malware, Trojan horses, worms, or other harmful or disruptive code into our systems;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site or services;
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any portion of our Site;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or services without our express written consent;
• Post or transmit any content that is defamatory, obscene, offensive, harassing, threatening, or otherwise objectionable;
• Impersonate any person or entity, or falsely claim an affiliation with any person or entity;
• Interfere with or disrupt the integrity or performance of our servers, networks, or services;
• Collect or store personal data about other users without their explicit consent;
• Use our services to transmit unsolicited commercial communications (spam);
• Violate any applicable federal, state, or local food safety, consumer protection, or other applicable laws or regulations.

Violation of any of the prohibited activities listed above may result in the immediate termination of your account and access to our services, and may expose you to civil and/or criminal liability under applicable law.

4. Intellectual Property Rights

All content, materials, and elements available on or through the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the overall "look and feel" of the Site (collectively, the "Content"), are the exclusive property of Dions or its content suppliers and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property or proprietary rights laws.

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 may not use such marks without the prior written permission of Dions. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Subject to your compliance with these Terms, Dions grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and its Content solely for your personal, non-commercial use in connection with using our food services. This license does not include the right to:

• Modify or create derivative works based on our Content;
• Reproduce, publicly display, publicly perform, distribute, or otherwise exploit any Content for commercial purposes;
• Remove or alter any copyright, trademark, or other proprietary notices from any Content;
• Use any data mining, robots, or similar data gathering and extraction tools.

Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws, which could subject you to civil and criminal penalties. All rights not expressly granted herein are reserved by Dions.

If you submit, upload, or otherwise make available any feedback, comments, suggestions, reviews, or other content to us ("User Content"), you grant Dions a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe any third-party rights.

5. Payment Terms

5.1 Pricing and Fees

All prices for food products and services displayed on the Site are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Dions reserves the right to change prices at any time and without prior notice. The price charged for any product or service will be the price advertised on the Site at the time the order is placed, subject to any applicable taxes and fees.

5.2 Payment Methods

We accept various forms of payment as indicated on the Site at the time of purchase. By submitting a payment, you represent and warrant that you are authorized to use the designated payment method and you authorize Dions to charge your selected payment method for the total amount of your order, including applicable taxes and delivery or service fees.

5.3 Order Confirmation

Receipt of an order confirmation does not constitute our acceptance of your order. Dions reserves the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or product information, suspected fraud, or issues identified by our fraud detection processes. If your order is cancelled after your payment method has been charged, we will issue a refund to your original payment method.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. However, if you receive an order that is incorrect, incomplete, or otherwise does not meet our quality standards, please contact us immediately at [email protected]. Dions will evaluate each refund or cancellation request on a case-by-case basis in accordance with our Refund Policy and applicable consumer protection laws.

5.5 Taxes

You are responsible for paying all applicable taxes associated with your purchases from Dions. We will collect applicable sales taxes as required by federal, state, or local law. The final tax amount will be displayed at checkout before you confirm your order.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to, use of, or inability to access or use our Site or services;
• Any conduct or content of any third party on or through our services;
• Any food products or services purchased or obtained through our services;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any errors or omissions in the content or services provided;
• Any delay or failure in the delivery of food products;
• Any allergic reaction or adverse health effect arising from consumption of our food products, provided that appropriate allergen disclosures have been made.

THESE LIMITATIONS APPLY WHETHER THE CLAIMS ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT SHALL DIONS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO DIONS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

7. Disclaimers

7.1 As-Is Basis

THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 No Warranty of Accuracy

Dions does not warrant that the information, content, or materials on the Site are accurate, complete, reliable, current, or error-free. Menu descriptions, nutritional information, ingredient lists, and allergen disclosures are provided for general informational purposes only and are subject to change without notice. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly at [email protected] before placing an order.

7.3 No Warranty of Uninterrupted Service

Dions does not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You acknowledge that your use of the Site and our services is at your sole risk.

7.4 Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by Dions. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We strongly advise you to review the privacy policy and terms of service of any third-party site you visit. Dions shall not be liable for any losses or damages caused by your use of any third-party website or service.

7.5 Food Safety Disclaimer

While Dions strives to maintain the highest standards of food safety and quality in compliance with applicable federal and state food safety regulations, including guidelines established by the U.S. Food and Drug Administration (FDA) and applicable state health authorities, we cannot guarantee that our food products are free from all allergens or that they will meet the specific dietary needs of every individual. Customers are responsible for reviewing ingredient and allergen information before consuming our products.

8. Indemnification

You agree to defend, indemnify, and hold harmless Dions, its parent company, subsidiaries, affiliates, officers, directors, shareholders, employees, contractors, 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 violation of these Terms of Service;
• Your use of the Site or our services in any manner not authorized by these Terms;
• Your violation of any third-party rights, including but not limited to intellectual property rights or privacy rights;
• Your violation of any applicable federal, state, or local laws, regulations, or ordinances;
• Any User Content you submit, post, or transmit through our Site;
• Your negligence, willful misconduct, or fraud;
• Any misrepresentation made by you in connection with your use of our services.

Dions reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with Dions in the defense of any such claims. You will not settle any claim without the prior written consent of Dions.

9. 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 and applicable state law, without regard to its conflict of law principles.

For any legal action not subject to arbitration as described in Section 10 below, you and Dions agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States and the state in which Dions is located. You hereby waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

The Federal Arbitration Act, applicable federal law, and the laws of the applicable state shall govern these Terms and your use of our services. To the extent that any applicable consumer protection laws provide you with additional protections, those protections shall remain in force and are not waived by these Terms.

Dions's operations are also subject to compliance with applicable federal consumer protection laws, including the Federal Trade Commission Act (FTC Act), as well as all applicable federal and state food safety and labeling regulations, including those administered by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA).

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Dions at [email protected] and attempt to resolve the dispute informally. Dions will make reasonable efforts to resolve the dispute within thirty (30) days of receiving your notice. If the parties are unable to resolve the dispute informally within that period, either party may proceed to the dispute resolution mechanisms set forth below.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, YOU AND DIONS AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN YOU AND DIONS THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

Any dispute, controversy, or claim arising out of or relating to these Terms, the breach, termination, or validity thereof, or your use of our services shall be settled by binding arbitration administered by a recognized arbitration organization in accordance with its applicable rules. The arbitration shall be conducted in the English language. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND DIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Further, unless both you and Dions 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.

10.4 Exceptions to Arbitration

Notwithstanding the above, 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, confidential information, or other proprietary rights. Claims that are within the jurisdiction of small claims court may also be brought in small claims court.

10.5 Opt-Out Right

You may opt out of the arbitration agreement within thirty (30) days of first accepting these Terms by sending written notice to us at [email protected] with the subject line "Arbitration Opt-Out." If you opt out, all disputes will be resolved in courts as described in Section 9.

11. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Site or our services. We reserve the right, in our sole discretion, to suspend or terminate your access to any or all of our services and to refuse future service to you for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Upon request by law enforcement or other governmental authorities;
• Unexpected technical or security issues;
• Discontinuation or material modification of the Site or services.

Termination of your access to our services does not relieve you of any obligations that accrued prior to termination, including any outstanding payment obligations. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

You may terminate your account and cease using our services at any time by contacting us at [email protected]. Termination of your account does not entitle you to any refund for payments already made, except as expressly provided in our Refund Policy or as required by applicable law.

12. Changes to Terms

Dions reserves the right, at its sole discretion, to modify, update, amend, or replace these Terms of Service at any time. When we make changes, we will update the "Last Updated" date at the top of this page. For significant changes, we may also provide additional notice, such as by sending an email to the address associated with your account or by displaying a prominent notice on our Site.

Your continued use of our Site or services after any changes to these Terms become effective constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using our services and, if applicable, close your account. We encourage you to review these Terms regularly to stay informed about any updates.

We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the services or changes to these Terms made in accordance with this section.

13. Food Allergen and Dietary Information

Dions takes food safety and allergen disclosure seriously. Our food products may contain or come into contact with common food 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 and ingredient information, we cannot guarantee that our products are free from all allergens due to the nature of shared kitchen environments and ingredient sourcing.

Customers with known food allergies, intolerances, or other dietary restrictions are strongly encouraged to:

• Review all available ingredient and allergen information before ordering;
• Contact us directly at [email protected] with any specific allergen concerns before placing an order;
• Consult with a healthcare professional regarding their specific dietary needs.

Dions shall not be liable for any adverse reactions resulting from undisclosed allergens in cases where the customer failed to review available allergen information or failed to notify us of their specific dietary restrictions prior to ordering.

14. Privacy and Data Protection

Your use of our Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and share information about you when you use our services. By using our services, you acknowledge that you have read and understood our Privacy Policy.

To the extent that you are located in California, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as described in our Privacy Policy. These rights may include the right to know what personal information we collect, the right to delete your personal information, the right to opt-out of the sale or sharing of your personal information, and the right to non-discrimination for exercising your privacy rights.

15. Electronic Communications

By using our Site or services, you consent to receive electronic communications from Dions, including but not limited to order confirmations, receipts, customer service messages, and promotional communications. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

If you wish to opt out of marketing communications from Dions, you may do so by following the unsubscribe instructions included in any marketing email we send, or by contacting us at [email protected]. Please note that even if you opt out of marketing communications, we may still send you transactional or administrative communications related to your orders or account.

16. 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 these Terms when 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, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or civil unrest, national emergency, epidemic or pandemic, labor strikes or disputes, transportation delays, supply chain disruptions, or failure of third-party service providers.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices 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 out 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, and any failure by Dions to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, or unenforceable for any reason, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision, and all other provisions shall remain in full force and effect. The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid provision that, to the greatest extent possible, achieves the original intent and economic effect of the invalid or unenforceable provision.

If any provision of the class action waiver in Section 10 is found to be unenforceable, then the entirety of the arbitration agreement in Section 10 shall be null and void, and any dispute shall be resolved by a court of competent jurisdiction as described in Section 9.

19. No Third-Party Beneficiaries

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

20. Assignment

You may not assign, delegate, or transfer your rights or obligations under these Terms without the prior written consent of Dions. Dions may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction, including but not limited to in connection with a merger, acquisition, sale of assets, or by operation of law. Any attempted assignment in violation of this section shall be null and void.

21. Headings

The headings and section titles used in these Terms of Service are for convenience and organizational purposes only and shall not affect the interpretation or construction of these Terms. References to sections include all subsections thereof.

22. Contact Information

If you have any questions, concerns, comments, or requests regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the following information:

We will make reasonable efforts to respond to all inquiries within a reasonable timeframe. For urgent matters related to food safety or order issues, please contact us directly via email at [email protected] with the subject line "URGENT" for prioritized handling.