Terms of Service

Effective Date: June 12, 2026  |  Last Updated: June 12, 2026

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 Fresh ("Company," "we," "us," or "our"), the owner and operator of the website located at dionsfresh.rest. This Agreement governs your access to and use of all content, products, services, features, and functionality offered through our website, mobile platforms, and any other channels through which we provide our food-related services.

By using our website, placing an order, creating an account, subscribing to our newsletter, or otherwise interacting with Dion's Fresh in any capacity, you confirm that:

• You are at least 18 years of age or have the legal capacity to enter into binding contracts under applicable law;
• You are using our services for lawful purposes only;
• You have provided accurate, current, and complete information as required during any registration or order process;
• You have reviewed and agree to our Privacy Policy, which is incorporated into these Terms by reference.

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

2. Description of Services

Dion's Fresh is a food-related business dedicated to providing customers with high-quality, fresh food products, meals, ingredients, and related culinary experiences. Our services may include, but are not limited to:

• Online Ordering: The ability to browse our menu, select food items, customize orders, and complete purchases through our website at dionsfresh.rest;
• Delivery Services: Delivery of food orders to addresses within our designated delivery zones, subject to applicable delivery fees, minimum order requirements, and estimated delivery times;
• Pickup Services: In-store or curbside pickup of online orders placed in advance;
• Catering Services: Food preparation and delivery for events, gatherings, corporate functions, and other occasions, subject to separate catering agreements;
• Subscription or Loyalty Programs: Optional membership programs offering exclusive discounts, early access, or rewards for repeat customers;
• Informational Content: Recipes, nutritional information, blog posts, and other food-related educational or promotional content available on our website;
• Customer Support: Assistance via email at [email protected] for order-related inquiries, complaints, refund requests, and general questions.

We reserve the right to modify, expand, restrict, or discontinue any service or product offering at any time without prior notice. Dion's Fresh does not guarantee the continuous availability of any particular menu item, product, or service. Menu items, pricing, availability, and promotional offers are subject to change at our sole discretion.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a condition of using our services, you agree to:

• Provide truthful, accurate, and up-to-date personal information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and immediately notify us if you suspect any unauthorized use of your account;
• Use the website and services only for their intended, lawful purposes;
• Comply with all applicable federal, state, and local laws, including but not limited to food safety regulations, consumer protection laws, and electronic commerce regulations;
• Promptly pay all charges incurred in connection with your use of the services.

3.2 Prohibited Activities

You expressly agree that you will not engage in any of the following prohibited activities:

• Accessing, tampering with, or using non-public areas of the website, our computer systems, or the technical delivery systems of our service providers;
• Probing, scanning, or testing the vulnerability of any system or network, or breaching or circumventing any security or authentication measures;
• Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of any portion of our website or software;
• Using any automated tool, bot, scraper, spider, crawler, or other means to access our website for any purpose without our prior written consent;
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of our website, services, or content without express written authorization from us;
• Transmitting unsolicited commercial messages, spam, chain letters, or other unauthorized advertising through our platform;
• Submitting false, fraudulent, or misleading orders, reviews, or information;
• Interfering with or disrupting the integrity or performance of our website, servers, or networks;
• Engaging in any conduct that could expose Dion's Fresh or its users to legal liability or reputational harm;
• Impersonating another person, business, or entity, or misrepresenting your affiliation with any person or organization;
• Collecting or harvesting any personally identifiable information, including account names and email addresses, from our website without authorization;
• Using our services in any manner that violates the rights of others, including intellectual property rights, privacy rights, or publicity rights.

Violation of any of the above prohibitions may result in immediate suspension or termination of your account, cancellation of pending orders, and potential legal action under applicable federal or state law.

4. Account Registration and Security

To access certain features of our website, including placing orders and participating in loyalty programs, you may be required to create an account. You agree to:

• Provide accurate and complete registration information;
• Update your account information promptly if it changes;
• Maintain the security of your password and accept responsibility for all activity occurring under your account;
• Notify us immediately at [email protected] of any unauthorized use of your account or any other security breach.

Dion's Fresh will not be liable for any loss or damage arising from your failure to comply with these security obligations. We reserve the right to disable any user account at our sole discretion, including if we believe that you have violated any provision of these Terms.

5. Intellectual Property Rights

5.1 Ownership of Content

All content available on dionsfresh.rest, including but not limited to text, graphics, logos, photographs, images, video content, menu designs, recipes, branding elements, trade names, trademarks, service marks, software, and compilation thereof ("Content"), is the exclusive property of Dion's Fresh or its content suppliers and is protected under the intellectual property laws of the United States, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state laws.

5.2 Limited License to Users

Subject to your compliance with these Terms, Dion's Fresh grants you a limited, non-exclusive, non-transferable, revocable license to access and use the website and its content solely for personal, non-commercial purposes related to your use of our food services. This license does not permit:

• Any resale or commercial use of the website or its content;
• Any collection or use of product listings, descriptions, or pricing;
• Any derivative use of the website or its content;
• Any downloading or copying of account information for the benefit of another merchant or business;
• Any use of data mining, robots, or similar data-gathering and extraction tools.

5.3 User-Submitted Content

If you submit reviews, comments, photos, or other content to our website or social media platforms ("User Content"), you grant Dion's Fresh 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 have the necessary rights to submit the User Content and that such submission does not violate any third-party rights or applicable law.

6. Ordering, Pricing, and Payment Terms

6.1 Order Placement

All orders placed through dionsfresh.rest are subject to acceptance by Dion's Fresh. We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to, product unavailability, errors in pricing or product descriptions, or suspected fraudulent activity. If your order is canceled after payment has been processed, we will issue a full refund through the original payment method.

6.2 Pricing

All prices displayed on our website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes or delivery fees unless expressly stated. We strive to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price and notify you accordingly.

6.3 Payment

Payment for all orders must be made at the time of purchase through the payment methods accepted on our website, which may include major credit cards, debit cards, and other electronic payment platforms. By submitting payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information you provide is true, accurate, and complete;
• You will promptly notify us of any changes to your payment information.

Dion's Fresh uses industry-standard security measures and third-party payment processors to protect your financial information. We do not store complete credit card numbers on our servers.

6.4 Taxes

You are responsible for all applicable federal, state, and local sales taxes, excise taxes, or other governmental charges associated with your purchase. We will collect and remit applicable taxes as required by law.

6.5 Refund and Cancellation Policy

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you experience a quality issue, incorrect order, or other legitimate concern, please contact us at [email protected] within 24 hours of receiving your order. We will evaluate each situation on a case-by-case basis and may offer a replacement, store credit, or refund at our discretion.

7. Food Safety, Allergen, and Nutritional Disclaimers

Dion's Fresh takes food safety seriously and complies with all applicable federal and state food safety regulations, including standards set by the U.S. Food and Drug Administration (FDA) and local health authorities. However, you acknowledge and agree that:

• Our food products may be prepared in facilities that also handle common allergens, including nuts, dairy, gluten, eggs, shellfish, soy, and other allergens;
• Cross-contamination may occur, and we cannot guarantee that any item is completely free of allergens;
• Nutritional information provided on our website is approximate and may vary based on preparation methods, ingredient substitutions, or supplier changes;
• You are solely responsible for reviewing allergen and nutritional information and for determining whether our products are suitable for your dietary needs and health conditions;
• If you have a severe food allergy or dietary restriction, you should consult with a healthcare professional before consuming our products and contact us directly before placing an order.

8. Limitation of Liability

8.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DION'S FRESH, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to, use of, or inability to use our website or services;
• Any conduct or content of any third party on or relating to our services;
• Any content obtained from our services;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any food-related illness, injury, or adverse reaction, except where directly caused by our gross negligence or willful misconduct.

8.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DION'S FRESH'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DION'S FRESH IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

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

9. Disclaimers — "As-Is" Basis

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. OUR WEBSITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DION'S FRESH 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 UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INCLUDING NUTRITIONAL INFORMATION, MENU DESCRIPTIONS, OR PRICING;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED;
• WARRANTIES THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Nothing in these Terms shall exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. This includes any rights you may have as a consumer under applicable state consumer protection laws, including protections afforded under the Federal Trade Commission Act (15 U.S.C. § 45) or California Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.) where applicable.

10. Indemnification

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

• Your violation of these Terms of Service;
• Your use of our website or services in a manner not authorized by these Terms;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Your violation of any applicable federal, state, or local law or regulation;
• Any User Content you submit to our website;
• Any false or misleading information you provide to Dion's Fresh;
• Any dispute between you and another user or third party arising from your use of our services.

Dion's Fresh reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

11. Third-Party Links and Services

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by Dion's Fresh. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to review the terms and privacy policies of any third-party website you visit. Your interactions with third-party websites and services are solely between you and such third parties, and Dion's Fresh shall have no liability or responsibility for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third-party content, goods, or services.

12. Privacy and Data Protection

Your use of our website 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, store, and share your personal information in compliance with applicable law, including:

• The California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), as applicable to California residents;
• The Federal Trade Commission Act (FTC Act) and FTC regulations governing unfair or deceptive trade practices;
• Other applicable federal and state privacy and data protection laws.

By using our services, you consent to our collection and use of your personal information as described in our Privacy Policy. For any privacy-related inquiries, please contact us at [email protected].

13. Governing Law and Jurisdiction

These Terms of Service 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 Fresh is registered and operates, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the applicable jurisdiction for the resolution of any disputes not subject to arbitration as described below.

Nothing in these Terms shall be construed to limit Dion's Fresh's ability to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights, confidential information, or other proprietary rights.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services by contacting us at [email protected] and providing a written description of the dispute and the relief sought. We will attempt to resolve the dispute informally within thirty (30) days of receipt of your notice. If we are unable to resolve the dispute informally within that period, either party may proceed to binding arbitration as described below.

14.2 Binding Arbitration

EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR YOUR USE OF OUR SERVICES (COLLECTIVELY, "DISPUTES") SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION administered by a recognized arbitration organization under its applicable commercial arbitration rules. The arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DION'S FRESH AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Unless both you and Dion's Fresh agree in writing, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

14.4 Exceptions to Arbitration

Notwithstanding the above, either party may bring an individual action in small claims court. Dion's Fresh may seek injunctive or other equitable relief in any court of competent jurisdiction with respect to intellectual property rights or confidentiality obligations.

14.5 Time Limitation on Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.

15. Term and Termination

15.1 Duration

These Terms shall remain in full force and effect for as long as you use our website or services, or maintain an account with Dion's Fresh, unless earlier terminated in accordance with these Terms.

15.2 Termination by You

You may terminate your account and discontinue use of our services at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligation to pay outstanding charges or any liability for prior conduct that violated these Terms.

15.3 Termination by Dion's Fresh

We reserve the right, in our sole discretion, to suspend or terminate your account and access to our services at any time, with or without notice, for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Failure to pay amounts owed to us;
• Requests by law enforcement or government agencies;
• Discontinuation or material modification of our services.

15.4 Effect of Termination

Upon termination of your account or access to our services, all rights and licenses granted to you under these Terms shall immediately cease. The following provisions shall survive termination: Intellectual Property Rights, Limitation of Liability, Disclaimers, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

16. Changes to Terms

Dion's Fresh reserves the right to modify, update, or revise these Terms of Service at any time at our sole discretion. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page;
• Post the revised Terms on our website at dionsfresh.rest;
• Where required by law or where we deem appropriate, notify registered users via email at the address associated with their account.

Your continued use of our website or services after the posting of revised Terms constitutes your acceptance of and agreement to be bound by the updated Terms. If you do not agree to the revised Terms, you must immediately discontinue use of our services and may request account deletion by contacting us at [email protected]. We encourage you to review these Terms periodically to stay informed of any updates.

17. Electronic Communications

By using our website and services, you consent to receiving electronic communications from Dion's Fresh, including order confirmations, updates, promotional offers, and legal notices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including the requirement that such communications be "in writing" under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and applicable state laws.

18. Force Majeure

Dion's Fresh shall not be liable for any delay or failure to perform any obligation under these Terms where such delay or failure results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions or restrictions, strikes, labor disputes, supply chain disruptions, utility failures, cyberattacks, civil unrest, or other events of force majeure. In such circumstances, we will use commercially reasonable efforts to resume performance as soon as practicable.

19. Accessibility

Dion's Fresh is committed to making our website accessible to individuals with disabilities in accordance with applicable law, including the Americans with Disabilities Act (ADA) and applicable Section 508 requirements. If you experience difficulty accessing any portion of our website or services due to a disability, please contact us at [email protected] and we will make reasonable efforts to provide you with access or an alternative means to obtain the information or service.

20. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under applicable law by a court or arbitrator of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If the provision cannot be so modified, it shall be severed from these Terms without affecting the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect. The parties agree that the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely matches the intent and purpose of the original provision.

21. Waiver

No failure or delay by Dion's Fresh in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. Any waiver by Dion's Fresh of any breach or default under these Terms must be in writing signed by an authorized representative of Dion's Fresh to be effective.

22. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or agreements published by Dion's Fresh on its website, constitute the entire agreement between you and Dion's Fresh with respect to your use of our website and services. These Terms supersede all prior or contemporaneous communications, representations, understandings, and agreements, whether written or oral, between you and Dion's Fresh regarding the subject matter hereof. No modification of these Terms shall be effective unless made in writing and either signed by an authorized representative of Dion's Fresh or posted by Dion's Fresh in accordance with the "Changes to Terms" section above.

23. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Dion's Fresh. Dion's Fresh may freely assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms shall be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.

24. Headings

Section headings used in these Terms are for convenience and reference only and shall not affect the interpretation or construction of these Terms.

25. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you need to contact us for any other reason, please reach out to us using the following contact details:

We aim to respond to all inquiries within three (3) to five (5) business days. For urgent matters, such as food safety concerns or order issues, please indicate the urgency in the subject line of your email.