Terms of Service

Please read these Terms of Service carefully before using the website dionspizzeria.click or any services offered by Dion's Pizzeria. 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 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 Dion's Pizzeria ("Company," "we," "us," or "our"), governing your access to and use of the website located at dionspizzeria.click (the "Site"), as well as all related services, features, content, and functionality made available through the Site or through any other means of interaction with our business.

By using the Site or placing an order, you represent and warrant that:

• You are at least 18 years of age, or are at least 13 years of age and have obtained verifiable parental or guardian consent;
• You have the legal capacity and authority to enter into this Agreement;
• You will use our services only for lawful purposes and in accordance with these Terms;
• All information you provide to us is accurate, current, and complete.

If you are using our Site or services on behalf of an organization or business entity, you represent that you have the authority to bind that entity to these Terms, and references to "you" shall include both you individually and the entity you represent.

These Terms are governed by and construed in accordance with the laws of the United States and applicable state laws. By using our services, you acknowledge your understanding of and compliance with all applicable federal regulations, including those enforced by the Federal Trade Commission ("FTC") under the FTC Act, 15 U.S.C. § 41 et seq., as well as any applicable state consumer protection laws.

2. Description of Services

Dion's Pizzeria is a food service business that provides customers with the ability to browse our menu, place food orders (including pizza, appetizers, beverages, desserts, and other menu items), and engage with our business through our online platform at dionspizzeria.click.

Our services include, but are not limited to:

• Online Menu Access: Viewing our current menu offerings, descriptions, ingredients, pricing, and nutritional information where available;
• Online Ordering: Placing orders for pickup or delivery through our website;
• Payment Processing: Securely submitting payment for food and beverage orders through our integrated payment processing systems;
• Customer Account Management: Creating and managing a user account to store order history, preferences, and contact information;
• Promotions and Offers: Accessing special deals, coupons, loyalty programs, and limited-time offers when available;
• Customer Support: Communicating with our team via email or other contact methods listed on our Site regarding orders, complaints, or inquiries.

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

Menu availability, pricing, and delivery areas may vary based on location, time of day, and other operational factors. We do not guarantee the continuous availability of any particular menu item.

3. User Accounts and Registration

Certain features of our Site may require you to create a user account. When registering for an account, you agree to:

• Provide accurate, truthful, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate and current;
• Maintain the security and confidentiality of your account credentials, including your username and password;
• Accept full responsibility for all activities and transactions that occur under your account;
• Notify us immediately at [email protected] of any unauthorized use of your account or any other suspected security breach.

We reserve the right to suspend or terminate your account at our sole discretion if we have reason to believe that the information provided is inaccurate, that your account has been compromised, or that you have violated any provision of these Terms. You may not transfer or assign your account to any other person or entity without our prior written consent.

4. User Obligations and Prohibited Activities

By using our Site and services, you agree to conduct yourself in a lawful, respectful, and appropriate manner. You accept sole responsibility for your conduct while using our platform.

4.1 General User Obligations

You agree to:

• Use the Site and services only for their intended lawful purposes;
• Provide accurate delivery addresses, contact information, and payment details when placing orders;
• Be present to receive your order at the agreed delivery address or pickup location, or make alternative arrangements in advance;
• Comply with all applicable local, state, and federal laws while using our services;
• Treat our employees, delivery personnel, and representatives with respect and dignity.

4.2 Prohibited Activities

You agree NOT to engage in any of the following prohibited activities:

• Using the Site or services for any fraudulent, deceptive, or illegal purpose;
• Placing false, fictitious, or fraudulent orders with no intent to pay or receive the order;
• Using stolen, unauthorized, or fraudulent payment methods;
• Attempting to gain unauthorized access to our systems, servers, databases, or other computing resources;
• Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or underlying structure of our Site or any associated software;
• Introducing viruses, malware, spyware, ransomware, or any other malicious or harmful code or programs into our systems;
• Using automated bots, scripts, scrapers, crawlers, or other automated tools to access, collect data from, or interact with our Site without our prior written consent;
• Posting, transmitting, or distributing any content that is defamatory, harassing, abusive, threatening, obscene, or otherwise objectionable;
• Infringing upon the intellectual property rights of Dion's Pizzeria or any third party;
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
• Circumventing or attempting to circumvent any security feature, content filtering system, or access control measure on our Site;
• Collecting or harvesting personal information of other users without their explicit consent;
• Using our services to send unsolicited commercial communications (spam);
• Engaging in any activity that disrupts, degrades, or interferes with the proper functioning of our Site or services.

Violation of any prohibited activity may result in immediate termination of your account, cancellation of pending orders without refund, and referral to appropriate law enforcement authorities where applicable.

5. Payment Terms

All orders placed through our Site are subject to the following payment terms:

5.1 Pricing and Fees

All prices displayed on our Site are in United States Dollars (USD) and are subject to change at any time without prior notice. Applicable sales tax, delivery fees, service charges, and other applicable fees will be clearly displayed at checkout prior to the completion of your order. You agree to pay all charges associated with your order, including all applicable taxes and fees.

5.2 Payment Methods

We accept various payment methods as indicated on our Site at the time of checkout. By submitting payment, 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 notify us of any changes to your payment information.

5.3 Order Confirmation

An order is not considered confirmed until you receive an order confirmation via email or on-screen notification. We reserve the right to refuse or cancel any order at our discretion, including but not limited to orders placed with fraudulent payment methods, orders to areas outside our delivery zone, or orders that cannot be fulfilled due to availability constraints.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. However, if you have a complaint regarding the quality, accuracy, or condition of your order, please contact us within a reasonable time of receipt at [email protected]. We will review your complaint and, at our sole discretion, may offer a replacement, credit, or partial refund. Refunds, if approved, will be processed to your original payment method within 5–10 business days.

5.5 Chargebacks and Disputes

If you initiate a chargeback or payment dispute with your financial institution without first contacting us to attempt resolution, we reserve the right to suspend your account, refuse future orders, and pursue any and all remedies available to us under applicable law to recover losses and associated fees.

6. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, photographs, images, logos, icons, audio clips, video clips, digital downloads, data compilations, software, and the overall design and appearance of the Site (collectively, "Content"), is the exclusive property of Dion's Pizzeria or its content suppliers and is protected by applicable United States and international intellectual property laws, including copyright law (17 U.S.C. § 101 et seq.), trademark law (15 U.S.C. § 1051 et seq.), and other applicable laws.

6.1 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for personal, non-commercial purposes related to using our food ordering services. This license does not include the right to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or its Content for commercial purposes;
• Modify or create derivative works based on the Site or its Content;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Download or copy account information for the benefit of another merchant or third party;
• Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Dion's Pizzeria.

6.2 Trademarks

The name "Dion's Pizzeria," our logo, and any other product or service names, slogans, or designs identified on the Site are trademarks of Dion's Pizzeria and may not be used without our prior written permission. All other trademarks, service marks, and trade names appearing on the Site are the property of their respective owners.

6.3 User-Submitted Content

If you submit reviews, feedback, photographs, or other content to our Site or social media pages ("User Content"), you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, adapt, publish, translate, distribute, and display such User Content in connection with our business. You represent that you have all necessary rights to grant this license and that your User Content does not infringe any third-party rights.

7. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED BY DION'S PIZZERIA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY.

We expressly disclaim all warranties, including but not limited to:

• Implied warranties of merchantability — we do not warrant that our products or services are fit for any particular purpose beyond their described use;
• Warranties of fitness for a particular purpose — we do not warrant that our services will meet your specific requirements or expectations;
• Warranties of non-infringement — we do not warrant that the Site or its content does not infringe the rights of third parties;
• Warranties regarding accuracy or completeness — menu descriptions, pricing, images, and nutritional information are provided for informational purposes only and may not always be current, complete, or error-free;
• Warranties regarding uninterrupted service — we do not warrant that the Site will be available at all times, free from errors, viruses, or other harmful components;
• Warranties regarding food allergies — while we make reasonable efforts to provide allergen information, we cannot guarantee that our food is free from any specific allergen due to the nature of food preparation environments. If you have severe food allergies or dietary restrictions, please contact us directly before placing an order.

Some states do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, our warranties are limited to the minimum extent permitted by applicable law.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, DION'S PIZZERIA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This includes, without limitation:

• Loss of revenue, profits, or business opportunities;
• Loss of data or information;
• Business interruption losses;
• Personal injury or property damage arising from the consumption of food products (except where caused by our gross negligence or willful misconduct);
• Errors, mistakes, or inaccuracies in any content on the Site;
• Unauthorized access to or use of our servers and any personal information stored therein;
• Any bugs, viruses, or other harmful code transmitted to or through our Site.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DION'S PIZZERIA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Dion's Pizzeria and its owners, officers, directors, employees, agents, affiliates, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, demands, suits, actions, proceedings, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of or access to the Site or our services;
• Your violation of any provision of these Terms;
• Your violation of any applicable local, state, federal, or international law or regulation;
• Your infringement of any intellectual property right, privacy right, or other right of any third party;
• Any User Content you submit, post, or transmit through our Site;
• Your negligence, willful misconduct, or fraud;
• Any dispute or transaction between you and any third party.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such case, you agree to cooperate fully with our defense of such claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim upon becoming aware of it.

10. Privacy and Data Collection

Your use of our Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy. We encourage you to review our Privacy Policy carefully at dionspizzeria.click.

We comply with all applicable United States federal and state privacy laws, including the requirements of the FTC Act regarding unfair or deceptive practices. Where applicable based on the residence of our customers, we also comply with the California Consumer Privacy Act (CCPA) and its amendment, the California Privacy Rights Act (CPRA), California Civil Code § 1798.100 et seq., which provides California residents with specific rights regarding their personal information.

11. Third-Party Links and Services

Our Site may contain links to third-party websites, applications, or services that are not owned or controlled by Dion's Pizzeria. These links are provided for your convenience and informational purposes only. We have no control over the content, privacy practices, or policies of any third-party websites and accept no responsibility or liability for them.

Your interactions with any third-party website or service, including payment processors, delivery platforms, mapping services, or social media platforms, are subject to the terms and privacy policies of those third parties. We strongly encourage you to review the terms and privacy policies of any third-party website you visit.

The inclusion of any link to a third-party website does not imply our endorsement, sponsorship, or recommendation of that website or its content, products, 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 or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Site or services (collectively, "Disputes"), 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.

To the extent that any Dispute is not subject to mandatory arbitration as described in Section 13 below, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States for the resolution of any such Dispute. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

We make no representations that the Site or services are appropriate or available for use in all locations. Accessing the Site from territories where its content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

13. Dispute Resolution and Arbitration

13.1 Mandatory Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND DION'S PIZZERIA AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.

Arbitration shall be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules, which are available at www.adr.org. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement.

13.2 Class Action Waiver

YOU AND DION'S PIZZERIA 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and Dion's Pizzeria 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.

13.3 Informal Resolution First

Before initiating any formal arbitration proceeding, you agree to first attempt to resolve any Dispute informally by contacting us at [email protected] with a written description of the Dispute and your proposed resolution. We will attempt to resolve the Dispute informally within thirty (30) days of receiving your notice. If the Dispute is not resolved within that period, either party may proceed to formal arbitration.

13.4 Exceptions to Arbitration

Notwithstanding the above, either party may bring an individual action in small claims court for disputes that qualify under the applicable small claims court rules. Additionally, either party may seek emergency injunctive relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Site or our services. We reserve the right, at our sole discretion and without notice or liability, to:

• Deny access to the Site or services to any person or entity at any time and for any reason;
• Terminate or suspend your account and access to the Site immediately if you breach any provision of these Terms;
• Discontinue or modify any aspect of the Site or our services at any time;
• Terminate these Terms at any time, with or without cause, upon notice to you.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment for orders already placed.

Upon termination of your account or your use of the Site:

• Your license to use the Site and its Content shall immediately terminate;
• Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 6 (Intellectual Property), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 12 (Governing Law), and 13 (Dispute Resolution).

15. Changes to Terms

We reserve the right to modify, update, or revise these Terms at any time at our sole discretion. Changes will be effective upon posting the revised Terms to our Site. The "Last Updated" date at the top of this page will be revised accordingly.

We may notify you of material changes to these Terms through:

• A prominent notice posted on our Site;
• An email to the address associated with your account (if applicable);
• An in-app notification or banner.

Your continued use of the Site or our services after the posting of revised Terms constitutes your acceptance of and agreement to the changes. If you do not agree to the revised Terms, you must immediately stop using the Site and our services.

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

16. Allergen and Food Safety Notice

Dion's Pizzeria takes food safety seriously and makes reasonable efforts to provide accurate information about the ingredients and potential allergens present in our menu items. However, please be aware that:

• Our kitchen prepares foods that contain common allergens, including but not limited to gluten/wheat, dairy, eggs, nuts, soy, shellfish, and fish;
• Cross-contamination is possible due to the shared nature of our food preparation environment;
• Menu item ingredients and preparation methods may change without notice;
• We cannot guarantee that any menu item is completely free from any specific allergen.

If you have a known food allergy or intolerance, we strongly encourage you to contact us directly at [email protected] before placing any order to discuss your dietary needs. By placing an order with us, you acknowledge and accept responsibility for your dietary choices and any resulting reactions.

17. Severability

If any provision, clause, or part of these Terms is found to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction or an arbitrator under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable. If such modification is not possible, the relevant provision shall be deemed deleted from these Terms. The modification or deletion of any provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

The parties agree that a court or arbitrator should attempt to give effect to the parties' intentions as reflected in any invalid, illegal, or unenforceable provision, and that the overall intent of these Terms should be upheld to the greatest extent possible.

18. Waiver

No failure or delay by Dion's Pizzeria to exercise or enforce any right or provision of these Terms shall constitute a waiver of that right or provision. No waiver of any term, provision, or condition of these Terms, whether by conduct or otherwise, shall be deemed a continuing or further waiver of any such term, provision, or condition, or of any other term, provision, or condition. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire and exclusive agreement between you and Dion's Pizzeria with respect to your use of the Site and our services. These Terms supersede all prior negotiations, discussions, representations, warranties, understandings, and agreements between you and Dion's Pizzeria, whether written or oral, relating to the subject matter hereof.

No oral statements, representations, or prior agreements shall be used to modify, interpret, or supplement these Terms. Any modification to these Terms must be made in writing and posted to our Site as described in Section 15.

20. Force Majeure

Dion's Pizzeria shall not be liable for any delay or failure to perform any of our obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic conditions, war, terrorism, civil unrest, strikes or labor disputes, government actions or restrictions, power outages, internet or telecommunications failures, or any other event beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, we will make reasonable efforts to notify you and to resume performance of our obligations as soon as practicable. Orders affected by a Force Majeure Event may be cancelled, and any pre-paid amounts for undelivered orders will be refunded.

21. Electronic Communications

By using our Site or providing us with your email address, you consent to receive electronic communications from us, including order confirmations, receipts, promotional emails, and legal notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically shall satisfy any legal requirement that such communication be in writing. This includes communications sent by email or posted on the Site.

You may opt out of promotional and marketing communications at any time by following the unsubscribe instructions included in any marketing email or by contacting us directly. However, you may not opt out of transactional communications relating to your orders or account.

22. Contact Information

If you have any questions, concerns, complaints, or feedback regarding these Terms of Service, our services, or any matter related to Dion's Pizzeria, please do not hesitate to contact us using the information below:

We endeavor to respond to all inquiries within two (2) business days. For urgent matters related to active orders, please contact us as soon as possible using the information above.