Terms of Service

Effective Date: June 24, 2026  |  Last Updated: June 24, 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 Cafe ("Company," "we," "us," or "our"), the operator of the website located at dionscafe.rest (the "Website") and related food service operations.

By accessing our Website, creating an account, placing an order, subscribing to our mailing list, or using any of our services in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. These Terms apply to all visitors, users, customers, and others who access or use our services.

If you are 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 that entity to these Terms, and the terms "you" and "your" shall refer to both you individually and such entity.

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use our services. By using the Website or placing an order, you represent and warrant that you meet this age requirement. We reserve the right to refuse service to anyone at our sole discretion.

2. Description of Services

Dion's Cafe operates as a food service business providing the following services to customers in the United States and, where applicable, internationally:

• Dine-In Services: Guests may visit our physical location to enjoy freshly prepared meals, beverages, and specialty food items in a café environment.
• Takeout and Pickup Orders: Customers may place orders online through our Website or by phone and pick up their orders at our designated location.
• Delivery Services: Where available, we may offer delivery of food and beverage items to specified addresses within our delivery radius. Delivery availability, fees, and estimated times are subject to change without notice.
• Online Ordering Platform: Our Website provides an interface for customers to browse our menu, customize their orders, and complete payment transactions.
• Catering Services: We may offer catering packages for events, corporate functions, and private gatherings. Catering orders are subject to separate agreements and advance booking requirements.
• Loyalty Programs and Promotions: We may, from time to time, offer loyalty rewards, discount programs, gift cards, and promotional offers subject to their own terms and conditions.
• Informational Content: Our Website contains information about our menu, ingredients, allergens, business hours, locations, and other relevant content.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you. We do not guarantee the continuous or uninterrupted availability of any service.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when registering for an account or placing an order, including your name, delivery address, contact information, and payment details.
• Maintain the confidentiality of any account credentials, passwords, or access information and notify us immediately at [email protected] if you suspect unauthorized use of your account.
• Use our services solely for lawful purposes and in accordance with these Terms and all applicable local, state, and federal laws and regulations.
• Comply with all applicable health and safety guidelines when visiting our physical location.
• Be present or designate an authorized individual to accept delivery orders at the specified address.
• Review all menu items, ingredient lists, and allergen information prior to placing your order. You assume full responsibility for any dietary restrictions, food allergies, or health conditions that may be affected by the food items you select.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities when using our Website or services:

• Using the Website for any unlawful purpose, including but not limited to fraud, impersonation, or the violation of any federal, state, or local law.
• Attempting to gain unauthorized access to any portion of our Website, servers, databases, or systems.
• Transmitting any malware, viruses, ransomware, spyware, or any other malicious code or software.
• Engaging in data scraping, harvesting, or automated data collection from the Website without our express written consent.
• Using bots, scripts, or automated tools to place fraudulent orders or abuse promotional offers.
• Reverse engineering, decompiling, or attempting to extract source code from our Website or proprietary software.
• Posting or transmitting any defamatory, obscene, harassing, threatening, or otherwise objectionable content through any feedback or review feature.
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity.
• Circumventing, disabling, or interfering with any security or access control features of the Website.
• Placing orders with no intention of payment or using fraudulent payment methods.
• Reselling, reproducing, or distributing any content, products, or services obtained from us without our prior written consent.
• Using our contact information or communication channels for unsolicited commercial communications (spam).

We reserve the right to investigate suspected violations and to terminate access, cancel orders, and pursue any available legal remedies against violators.

4. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, photographs, icons, audio clips, video clips, data compilations, menu designs, brand identity, and software (collectively, "Content"), is the exclusive property of Dion's Cafe or its content suppliers and is protected under United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable international treaties.

The "Dion's Cafe" name, logo, and all related marks, designs, and slogans are trademarks or service marks owned by or licensed to us. Nothing in these Terms grants you any right or license to use any of our trademarks, service marks, or logos without our prior written consent.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for personal, non-commercial purposes related to ordering and consuming our food and beverage products. This license does not include:

• The right to reproduce, distribute, display, or create derivative works from any Content.
• The right to use any data mining, robots, or similar data gathering and extraction tools.
• The right to download any portion of the Website except through normal browser caching.
• Any use of the Website or its Content for commercial purposes without our express written permission.

If you submit feedback, reviews, suggestions, or other content to us ("User Content"), you grant Dion's Cafe a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, translate, and distribute such User Content in any medium and for any lawful purpose. You represent and warrant that you own or have the necessary rights to grant this license and that the User Content does not infringe any third-party rights.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on our Website and menus are in United States Dollars (USD) and are subject to change at any time without prior notice. Prices listed do not include applicable sales tax, delivery fees, service charges, or gratuity unless expressly stated. You are responsible for all applicable taxes and fees associated with your order.

5.2 Payment Methods

We accept major credit and debit cards, and such other payment methods as we may make available from time to time. By submitting your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the full amount of your order to that method.

5.3 Order Confirmation

Receipt of an order confirmation does not constitute acceptance of your order. We reserve the right to refuse or cancel any order at our discretion, including if there are errors in pricing or product descriptions, if the ordered items are unavailable, or if we suspect fraudulent activity. In the event of a cancellation after payment has been processed, we will issue a full refund to your original payment method.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once preparation has commenced. Refund or replacement requests will be considered on a case-by-case basis in the event of incorrect orders, missing items, or food quality concerns reported within a reasonable time frame after receipt of the order. To request a refund, please contact us at [email protected]. We reserve the right to deny refund requests that do not meet our policies.

5.5 Promotions and Discount Codes

Promotional offers, coupon codes, and discounts are subject to their own terms and expiration dates, are non-transferable, have no cash value, and may not be combined with other offers unless expressly stated. We reserve the right to revoke or modify any promotional offer at our sole discretion.

6. Allergen and Dietary Information

We make reasonable efforts to provide accurate allergen and nutritional information on our Website and in-store. However, our food is prepared in a shared kitchen environment where cross-contact with common allergens — including but not limited to nuts, gluten, dairy, eggs, soy, shellfish, and sesame — may occur. We cannot guarantee that any menu item is completely free from any allergen.

If you have a severe food allergy or dietary restriction, it is your sole responsibility to consult directly with our staff before placing or consuming any order. Dion's Cafe is not liable for any allergic reaction, dietary intolerance, or adverse health event resulting from the consumption of our food products.

7. Disclaimers

7.1 As-Is Basis

THE WEBSITE AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DION'S CAFE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 No Warranty of Availability

We do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or timeliness of any information on the Website, including menu items, pricing, or availability. We reserve the right to correct any errors or omissions and to make changes to the Website at any time without notice.

7.3 Third-Party Services

Our Website may contain links to third-party websites, applications, or services, including third-party payment processors and delivery platforms. These links are provided for convenience only. We do not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party service. Your use of any third-party service is at your own risk and is governed by that third party's terms of service and privacy policy.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE UNITED STATES, DION'S CAFE AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT 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, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR WEBSITE, SERVICES, OR FOOD PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS IMMEDIATELY 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, SO THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Dion's Cafe and its respective owners, officers, directors, employees, agents, contractors, licensors, affiliates, successors, and assigns (collectively, "Indemnified Parties") 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 or any applicable law or regulation;
• Your use of or inability to use the Website or services;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any User Content you submit, post, or otherwise transmit through our Website;
• Your misrepresentation of any information provided to us;
• Any dispute between you and a third party related to the use of our services;
• Your failure to disclose known food allergies or dietary restrictions prior to ordering.

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with our defense of such claim. You shall not settle any claim without our prior written consent.

10. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws, without regard to any conflict of law principles that would require the application of the laws of a different jurisdiction.

To the extent that any dispute or claim is not subject to the arbitration provisions set forth below, you agree to submit to the exclusive personal jurisdiction and venue of the appropriate federal or state courts located in the United States. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Our services are intended for use within the United States. We make no representation that materials on this Website are appropriate for or available in locations outside the United States. If you access this Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.

These Terms shall also be interpreted in compliance with applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in commerce. To the extent our services are accessed by residents of California, the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) may apply to the collection and processing of your personal information, as further described in our Privacy Policy.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute, claim, or controversy with us informally. To initiate informal dispute resolution, please send a written notice to [email protected] describing the nature of your dispute and the resolution you seek. We will attempt to respond within thirty (30) days. Both parties agree to negotiate in good faith for a period of at least thirty (30) days before pursuing any other remedy.

11.2 Binding Arbitration

IF INFORMAL RESOLUTION IS UNSUCCESSFUL, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND DION'S CAFE AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, except as provided in Section 11.4 below. You understand that by agreeing to arbitration, you and Dion's Cafe are each waiving the right to a trial by jury.

Arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

11.3 Class Action Waiver

YOU AND DION'S CAFE 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 OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

11.4 Exceptions

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

11.5 Opt-Out Right

You may opt out of the arbitration and class action waiver provisions above by sending written notice to [email protected] within thirty (30) days of first agreeing to these Terms. Your notice must include your name, your contact information, and a clear statement that you wish to opt out of arbitration. If you opt out, both you and Dion's Cafe retain the right to seek resolution in court.

12. Term and Termination

12.1 Term

These Terms shall remain in full force and effect for as long as you continue to access or use the Website or any of our services, or for as long as you maintain an account with us.

12.2 Termination by You

You may cease using our services at any time. If you have created an account, you may request deletion of your account by contacting us at [email protected]. Termination of your account does not relieve you of any obligations that accrued prior to termination, including outstanding payment obligations.

12.3 Termination by Us

We reserve the right, in our sole discretion and without prior notice or liability, to suspend or terminate your access to the Website or services, cancel outstanding orders, and remove any User Content for any reason, including but not limited to:

• Your breach of these Terms or any applicable law;
• Suspected fraudulent, abusive, or illegal activity;
• Requests by law enforcement or government authorities;
• Extended periods of inactivity; or
• Discontinuation of our services or any part thereof.

12.4 Effect of Termination

Upon termination, your license to access and use the Website and services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

13. Changes to Terms

We reserve the right to modify, update, or replace these Terms 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 and may, at our option, provide additional notice via email or a prominent notice on our Website.

Your continued use of the Website or our services following the posting of revised Terms constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any changes. If you do not agree to the revised Terms, you must stop using our services immediately.

We encourage you to bookmark this page and review it regularly. Changes to these Terms will not apply retroactively and, unless otherwise stated, will become effective immediately upon posting.

14. Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be unlawful, void, invalid, unenforceable, or contrary to public policy for any reason, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed 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 Cafe to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or policies incorporated by reference herein, constitute the entire agreement between you and Dion's Cafe with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, warranties, understandings, negotiations, and discussions, whether oral or written, between you and us relating to that subject matter.

No modification of these Terms shall be effective unless made in writing and signed by an authorized representative of Dion's Cafe, except as otherwise provided herein regarding updates to these Terms.

16. Miscellaneous Provisions

16.1 Force Majeure

Dion's Cafe shall not be liable for any failure or delay in performing its obligations where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, government orders, fire, flood, utility failures, labor disputes, transportation disruptions, supply chain interruptions, or acts of terrorism.

16.2 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets, or operation of law, without notice to you.

16.3 Headings

Section headings in these Terms are for convenience of reference only and shall not affect the meaning or interpretation of any provision herein.

16.4 Electronic Communications

By using our Website or services, you consent to receive electronic communications from us, including emails related to your orders, account information, and updates to these Terms or our Privacy Policy. You agree that any notice, agreement, disclosure, or other communication that we provide to you electronically satisfies any legal requirement that such communications be in writing.

16.5 Consumer Rights

Nothing in these Terms is intended to limit any rights you may have as a consumer under applicable federal or state law, including but not limited to rights under the FTC Act (15 U.S.C. § 45), state consumer protection statutes, or applicable food safety regulations administered by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA).

17. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, our services, or any interaction with Dion's Cafe, please do not hesitate to contact us using the information below. We are committed to responding to all inquiries promptly and professionally.