Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at dionspizzeria.rest (the "Website") or any services offered by Dion's Pizzeria ("Company," "we," "us," or "our"). By accessing or using our Website or services, you acknowledge that you have read, understood, and agree to be 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 accessing, browsing, or using the dionspizzeria.rest website, placing an order, or otherwise engaging with any of our services, you ("User," "Customer," or "you") expressly agree to these Terms of Service, our Privacy Policy (incorporated herein by reference), and any additional guidelines, policies, or rules applicable to specific features or promotions that we may post from time to time. These Terms constitute a legally binding agreement between you and Dion's Pizzeria.

If you are accessing or using our services on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and you agree to these Terms on behalf of that entity. In such case, "you" and "your" will refer to that entity.

You must be at least eighteen (18) years of age to use our services, place orders, or create an account on our platform. By using our Website, you affirm that you are at least 18 years old, or if you are between the ages of 13 and 17, that you have obtained verifiable parental or guardian consent. We do not knowingly collect information from children under the age of 13. If we become aware that a child under 13 has provided us with personal information without verifiable parental consent, we will take steps to delete such information.

2. Description of Services

Dion's Pizzeria is a food service establishment operating in the United States. We provide the following services through our Website and physical location:

• Online Ordering: Customers may place orders for food and beverages, including pizza, appetizers, desserts, beverages, and other menu items, through our Website for pickup or delivery as available.
• Menu Information: We provide detailed descriptions, pricing, and nutritional information (where available) about our menu offerings.
• Account Management: Users may create personal accounts to manage preferences, view order history, and streamline future ordering experiences.
• Promotions and Loyalty Programs: From time to time, we may offer promotional deals, discount codes, loyalty points, or reward programs subject to their own specific terms and conditions.
• Customer Support: We provide customer support via email at [email protected] to assist with inquiries, complaints, and order-related issues.
• Catering Inquiries: We may accept catering and large-order requests for events and gatherings subject to availability and advance notice requirements.

We reserve the right to modify, suspend, or discontinue any part 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 services. Menu items, pricing, availability, and hours of operation are subject to change without prior notice.

3. User Accounts and Registration

To access certain features of our Website, such as order tracking and loyalty rewards, you may be required to create an account. When you create an account with Dion's Pizzeria, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your password and account credentials;
• Accept responsibility for all activities that occur under your account, whether or not you authorized them;
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account or breach of security.

We reserve the right to suspend or terminate your account at our sole discretion if we believe that your account information is inaccurate, that you have violated these Terms, or that your use of the account poses a risk to us, other users, or third parties. You may not transfer your account to any other person or entity without our prior written consent.

4. User Obligations and Prohibited Activities

By using our Website and services, you agree to use them only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Website or services in any way that violates any applicable federal, state, local, or international law or regulation, including but not limited to the laws of the United States, the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), and applicable state consumer protection laws;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability;
• Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
• Impersonate or attempt to impersonate Dion's Pizzeria, a Dion's Pizzeria employee, another user, or any other person or entity;
• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website;
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website;
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website without our prior written consent;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
• Make fraudulent or speculative orders or reservations;
• Abuse, threaten, or harass our employees or agents;
• Misuse promotional codes, discount offers, or loyalty rewards in a manner inconsistent with their intended purpose or our policies;
• Post false, defamatory, misleading, or harmful reviews or content about our business, products, or services.

Violation of any of the above prohibitions may result in the immediate termination of your access to our Website and services, legal action, and/or reporting to appropriate law enforcement authorities.

5. Orders, Payments, and Pricing

When you place an order through the Website, you represent that you intend to purchase the selected items and that all information you provide is accurate and complete. All orders are subject to acceptance and availability.

5.1 Pricing

All prices listed on our Website are in United States Dollars (USD) and are subject to change without notice. We make reasonable efforts to display accurate pricing; however, errors may occur. If we discover a pricing error in your order, we will notify you and give you the option to confirm the order at the correct price or cancel the order for a full refund.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed at checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for all purchases made through your account.

5.3 Taxes

Applicable sales tax will be calculated and added to your order total in accordance with applicable federal, state, and local tax laws. Tax rates may vary depending on your location.

5.4 Order Cancellations and Refunds

Once an order has been submitted and accepted by our kitchen, cancellations may not be possible. If you believe there is an error with your order or you wish to request a refund, please contact us immediately at [email protected]. Refund decisions are made at our sole discretion and will be evaluated on a case-by-case basis. We are committed to customer satisfaction and will work with you to resolve any legitimate issues with your order.

5.5 Delivery

Delivery availability, geographic coverage, and estimated delivery times are subject to change. Delivery fees, minimum order requirements, and tipping options will be displayed at checkout. We are not responsible for delays caused by circumstances beyond our reasonable control, including but not limited to traffic, weather, or third-party delivery platform issues.

6. Intellectual Property Rights

The Website and its entire contents, features, and functionality — including but not limited to all text, graphics, logos, images, audio clips, digital downloads, data compilations, software, and the compilation thereof — are owned by Dion's Pizzeria, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.

The Dion's Pizzeria name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Dion's Pizzeria or its affiliates. You may not use such marks without our prior written permission. 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 and its content solely for your personal, non-commercial use in connection with our food and beverage services. This license does not include:

• Resale or commercial use of the Website or its contents;
• Collection and use of any product listings, descriptions, or prices;
• Any derivative use of the Website or its contents;
• Downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will immediately cease and you must, at our option, return or destroy any copies of the materials you have made.

7. User-Generated Content

If you submit, post, or display any content on or through our Website, including reviews, comments, photos, or other materials ("User Content"), you grant Dion's Pizzeria a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

You represent and warrant that you own or control all rights to the User Content, that the User Content is accurate and truthful, and that use of the User Content does not violate these Terms or the rights of any third party. We have the right, but not the obligation, to monitor, edit, or remove any User Content at our sole discretion.

8. Disclaimers and "As-Is" Basis

YOUR USE OF THE WEBSITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DION'S PIZZERIA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE;
• WARRANTIES THAT THE RESULTS OBTAINED FROM USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE;
• WARRANTIES THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Menu items are subject to change. Nutritional and allergen information provided on the Website is intended for general informational purposes only and may not reflect actual preparation methods in our kitchen at any given time. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order. We cannot guarantee that our food is free from any particular allergen, as our kitchen handles a wide variety of ingredients including common allergens such as gluten, dairy, eggs, nuts, soy, and shellfish.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DION'S PIZZERIA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF OUR SERVICES OR WEBSITE;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;
• BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH OUR WEBSITE BY ANY THIRD PARTY;
• ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.

IN NO EVENT SHALL DION'S PIZZERIA'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO DION'S PIZZERIA IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU, AND OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Dion's Pizzeria, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any 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 Website or our services in violation of applicable law;
• Your User Content or your use of any content obtained from the Website;
• Your violation of any third-party rights, including without limitation any intellectual property, privacy, or proprietary rights;
• Any claim that your User Content caused damage to a third party;
• Any fraudulent, false, or misleading information you have provided to us;
• Your gross negligence or willful misconduct.

We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate fully with our defense of such claims. You agree not to settle any matter without our prior written consent.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Dion's Pizzeria, including but not limited to third-party delivery platforms, payment processors, and social media platforms. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We do not warrant the offerings of any of these entities or their websites. We strongly advise you to read the terms and privacy policies of any third-party websites you visit. Your dealings with third-party service providers are solely between you and such third parties.

12. Privacy Policy

Your use of our Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and disclose your personal information. We comply with applicable United States federal and state privacy laws, including but not limited to the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act (15 U.S.C. § 41 et seq.).

By using our Website and services, you consent to the collection and use of your information as described in our Privacy Policy. If you have any questions about our privacy practices, please contact us at [email protected].

13. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Dion's Pizzeria is incorporated or primarily operates, without regard to its conflict of law provisions or the United Nations Convention on Contracts for the International Sale of Goods.

You agree that any legal action or proceeding arising out of or related to these Terms or your use of the Website shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to the exercise of jurisdiction over you by such courts or to the laying of venue in such courts.

Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or to prevent imminent harm to us or our users.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services informally by contacting us at [email protected] and providing a written description of your claim, the specific 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.

14.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of our services, shall be determined by binding arbitration administered in the United States in accordance with the rules of the American Arbitration Association (AAA) then in effect, except as they may be modified herein.

The arbitration shall be conducted by a single arbitrator. The arbitrator shall have authority to award relief on an individual basis only, and not on a class or collective basis. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 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, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. If a court or arbitrator determines that this class action waiver is unenforceable for any reason, then the agreement to arbitrate shall be void as to that claim.

14.4 Exceptions

Notwithstanding the foregoing arbitration provision, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction in connection with intellectual property rights or to prevent irreparable harm. Small claims court actions remain available for disputes that qualify.

14.5 Time Limitation

Any claim or dispute must be brought within one (1) year after the claim or dispute arises, or it shall be permanently barred, regardless of any statute of limitations or other law to the contrary.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use our Website or services. We reserve the right, in our sole discretion, to:

• Terminate or suspend your access to all or part of the Website or services at any time, with or without cause, and with or without notice;
• Delete your account and any associated data if we reasonably believe you have violated these Terms;
• Discontinue offering any part of our services at any time.

Upon termination, your right to use our Website and services will immediately cease. If your account is terminated for cause, you may not re-register for our services without our prior written consent. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Please note that termination of your account will not affect any pending orders or obligations incurred prior to termination.

16. Changes to These Terms

We reserve the right to modify or update these Terms of Service at any time in our sole discretion. When we make material changes to these Terms, we will:

• Update the "Last Updated" date at the top of this page;
• Post a notice on our Website indicating that the Terms have been updated;
• Where required by applicable law, provide notice via email to registered account holders.

Your continued use of the Website or services after the posting of revised Terms constitutes your acceptance of those revised Terms. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the revised Terms, you must discontinue using our Website and services.

We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, including to registered users.

17. Force Majeure

Dion's Pizzeria shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, labor disputes, power failures, internet service disruptions, supply chain interruptions, civil unrest, terrorism, or any other event that could not have been prevented by the exercise of reasonable care.

18. Severability

If any provision of these Terms is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be eliminated from these Terms. The invalidity or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

The failure of Dion's Pizzeria to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any term or condition shall not be deemed a continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dion's Pizzeria to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement

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

No oral or written information provided by any of our representatives shall create a warranty or otherwise expand the scope of these Terms in any way.

20. Electronic Communications

By using our Website and services or communicating with us by electronic means, you consent to receive communications from us electronically. 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. This consent applies to all legal notices and disclosures, including but not limited to notices of changes to these Terms.

21. No Waiver

The failure of Dion's Pizzeria to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by a duly authorized representative of Dion's Pizzeria.

22. Assignment

You may not assign or transfer your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. We may assign or transfer these Terms, in whole or in part, without restriction and without notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

23. Headings

The section headings used in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms. These Terms shall not be construed against the drafting party.

24. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the information below. We are committed to addressing your inquiries promptly and professionally.