Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website primohoagies-new.click (the "Website") or any services offered by Primo Hoagies ("we," "us," "our," or the "Company"). By accessing or using our Website, placing an order, or otherwise interacting with our services, you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue use of our Website and services.

1. Acceptance of Terms

By visiting, browsing, registering on, or placing an order through primohoagies-new.click, you expressly agree to comply with and be legally bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and Primo Hoagies.

Your continued use of the Website following any modifications to these Terms constitutes your acceptance of those revised Terms. If you are using our Website on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" will refer to both you individually and that entity.

You must be at least 18 years of age to use our Website and place orders. By using this Website, you represent and warrant that you are 18 years of age or older. If you are under 18, you may only use this Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

These Terms apply to all visitors, users, registered customers, and others who access or use the services provided through our Website. This includes but is not limited to browsing our menu, placing online food orders, making payments, and participating in any promotions, contests, or loyalty programs we may offer.

2. Description of Services

Primo Hoagies is a food service business that offers customers the ability to browse our menu, place food orders online, schedule pickups or deliveries (where available), and engage with promotional content through our Website located at primohoagies-new.click.

Our services include, but are not limited to:

• Online food ordering for hoagies, sandwiches, and related food and beverage items
• Menu browsing and item customization options
• Order scheduling for pickup or delivery, subject to availability and geographic limitations
• Account registration and management
• Promotional offers, discount codes, and loyalty programs
• Customer support and order inquiries via email and phone
• Informational content related to our brand, ingredients, and nutrition

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice to you. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services. Availability of menu items, delivery zones, and operating hours may change without prior notice.

Primo Hoagies does not guarantee that the Website will be available at all times. We may experience hardware, software, or other technical issues that result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time without notice to you.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Website, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order
• Maintain the security of your account credentials and notify us immediately of any unauthorized access to your account
• Use the Website only for lawful purposes and in accordance with these Terms
• Comply with all applicable federal, state, and local laws and regulations
• Promptly update your account information to keep it accurate and current
• Pay all charges incurred by your account at the prices in effect when such charges are incurred
• Be present or arrange for an authorized representative to receive food deliveries

3.2 Prohibited Activities

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

• Fraudulent Orders: Placing orders with no intention of payment, using fraudulent payment methods, or engaging in chargebacks without legitimate cause
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means
• Data Scraping: Using automated scripts, bots, scrapers, or similar tools to collect information from our Website without our express written consent
• Harmful Content: Transmitting any material that is defamatory, offensive, harassing, threatening, obscene, or otherwise objectionable
• Intellectual Property Violations: Copying, reproducing, distributing, or creating derivative works from our content without prior written authorization
• System Interference: Uploading or transmitting viruses, malware, or any other malicious code that may damage, disrupt, or interfere with the functioning of the Website
• Impersonation: Impersonating any person or entity, including our employees, representatives, or other users
• Spamming: Sending unsolicited commercial communications or using our platform to distribute spam
• Reselling: Purchasing food items for unauthorized commercial resale without our written permission
• False Reviews: Submitting false, misleading, or fabricated reviews, ratings, or feedback
• Circumventing Security: Attempting to bypass or circumvent any security features or access controls on the Website
• Violation of Laws: Using the Website for any purpose that violates applicable federal, state, or local laws, including the Federal Trade Commission Act (FTC Act) and applicable consumer protection regulations

We reserve the right to terminate your account, cancel your orders, and pursue legal remedies if you engage in any prohibited activities. We may also report such activities to appropriate law enforcement authorities.

4. Account Registration

To access certain features of our Website, including placing online orders, you may be required to register for an account. When you register, you agree to provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your password and account credentials.

You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your account or any other breach of security. We will not be liable for any losses arising from unauthorized use of your account if such use results from your failure to maintain the security of your credentials.

We reserve the right to refuse registration, cancel accounts, or remove content at our sole discretion, particularly in cases of suspected fraud, abuse, or violation of these Terms.

5. Ordering and Payment Terms

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected food items at the listed prices. All orders are subject to acceptance by Primo Hoagies, which reserves the right to refuse any order for any reason, including but not limited to product unavailability, pricing errors, or suspected fraudulent activity.

Once your order is confirmed, you will receive a confirmation notification via email or through the Website. This confirmation does not guarantee that your order will be fulfilled; we reserve the right to cancel orders and issue refunds in the event of inventory issues, technical errors, or other unforeseen circumstances.

5.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales taxes, delivery fees, or other charges unless specifically stated. Menu item prices may vary based on your location, selected customizations, and current promotions.

We strive to ensure that all pricing information on our Website is accurate; however, errors may occasionally occur. In the event of a pricing error, we reserve the right to cancel your order and notify you of the error. You will have the option to reorder at the corrected price or receive a full refund.

5.3 Payment Methods

We accept major credit cards, debit cards, and other electronic payment methods as indicated on our Website at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate.

All payment transactions are processed through secure third-party payment processors. We do not store your full credit card information on our servers. You authorize us to charge your designated payment method for all amounts due in connection with your order, including applicable taxes and fees.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. However, if you receive an incorrect order, a missing item, or a product that does not meet reasonable quality standards, please contact us within 24 hours of receiving your order at [email protected]. We will review your claim and, at our discretion, offer a replacement, store credit, or refund.

Order cancellations may be possible before the order has been prepared. Once preparation begins, cancellations may not be accepted. Delivery fees are generally non-refundable.

5.5 Taxes

You are responsible for all applicable federal, state, and local taxes, fees, and surcharges arising from your purchases. We will collect and remit applicable sales taxes as required by law. Tax amounts will be displayed at checkout before you confirm your order.

6. Intellectual Property Rights

All content available on the Website, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software, and the overall design and appearance of the Website ("Content"), is the exclusive property of Primo Hoagies or its content suppliers and is protected by United States copyright law, trademark law, trade dress law, and other applicable intellectual property laws and international treaties.

The Primo Hoagies name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Primo Hoagies or its affiliates. You may not use such marks without the prior written permission of Primo Hoagies. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

6.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial purposes, including placing food orders and browsing our menu. This license does not include the right to:

• Modify or copy the materials on the Website
• Use the materials for any commercial purpose or public display
• Attempt to decompile or reverse engineer any software contained on the Website
• Remove any copyright or other proprietary notations from the materials
• Transfer the materials to another person or "mirror" the materials on any other server

This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

6.2 User-Submitted Content

If you submit reviews, feedback, photographs, or other content to our Website ("User Content"), you grant Primo Hoagies a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our business operations and marketing. You represent and warrant that you own or have the necessary rights to submit such content and that it does not violate the rights of any third party.

7. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL CONTENT, SERVICES, PRODUCTS, AND INFORMATION AVAILABLE THROUGH THE WEBSITE 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, PRIMO HOAGIES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Primo Hoagies does not warrant that:

• The Website will be available at all times or operate without interruption or error
• Defects in the Website will be corrected
• The Website or the servers that make it available are free of viruses or other harmful components
• The accuracy, reliability, or completeness of any content, information, or materials on the Website
• The results that may be obtained from the use of the Website will be accurate or reliable

7.1 Food and Allergen Disclaimer

While we make reasonable efforts to ensure that menu information, including ingredients and allergen information, is accurate, we cannot guarantee that all information is complete or error-free. Our food products are prepared in facilities that may handle common allergens including, but not limited to, gluten, dairy, eggs, nuts, soy, shellfish, and fish. If you have food allergies or dietary restrictions, please contact us directly before placing an order to discuss your specific needs. Primo Hoagies shall not be liable for any allergic reactions or adverse health effects arising from consumption of our products.

7.2 Third-Party Links

Our Website may contain links to third-party websites or services that are not owned or controlled by Primo Hoagies. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We do not warrant the offerings of any third parties or their websites. We encourage you to review the terms and privacy policies of any third-party websites you visit.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE UNITED STATES, IN NO EVENT SHALL PRIMO HOAGIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• Your use of or inability to use the Website or our services
• Any errors, mistakes, or inaccuracies in content or information
• Personal injury or property damage resulting from your use of the Website
• Any unauthorized access to or use of our servers or personal information stored therein
• Any interruption or cessation of transmission to or from the Website
• Any bugs, viruses, or similar harmful code transmitted through the Website
• The quality, safety, or fitness of food products consumed
• Any errors or omissions in any content, or any loss or damage incurred as a result of your use of any content

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PRIMO HOAGIES IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Primo Hoagies, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, and successors (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees and court costs) arising from or related to:

• Your use of and access to the Website and services
• Your violation of any provision of these Terms
• Your violation of any applicable law, regulation, or third-party right, including but not limited to intellectual property rights, privacy rights, or consumer protection laws
• Any User Content you submit, post, or transmit through the Website
• Your negligence, willful misconduct, or fraudulent activity
• Any misrepresentation made by you in connection with your use of the Website
• Any dispute between you and a third party arising from or related to your use of our services

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses. This indemnification obligation will survive the termination of these Terms and your use of the Website.

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 laws of the state in which Primo Hoagies is headquartered, without regard to its conflict of law provisions. For matters involving consumer protection, these Terms are also subject to the Federal Trade Commission Act (FTC Act) and other applicable federal consumer protection statutes.

You agree that any legal action or proceeding arising out of or relating 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 laying of venue of any such proceeding in such courts.

Nothing in this section shall limit our right to seek injunctive or other equitable relief in any court of competent jurisdiction where necessary to protect our intellectual property rights or prevent irreparable harm.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Primo Hoagies at [email protected] and attempt to resolve the dispute informally. We will make reasonable good-faith efforts to resolve the dispute within thirty (30) days of receiving your written notice describing the nature of the dispute and the relief sought.

11.2 Binding Arbitration

If the dispute cannot be resolved informally within the thirty (30) day period, you and Primo Hoagies agree to resolve any claims or disputes arising out of or relating to these Terms or the use of our services through binding arbitration, rather than in court, except as set forth below. The arbitration will be conducted by a recognized arbitration organization under its applicable rules and procedures.

The arbitrator shall have the authority to award any remedy that would be available in court, including injunctive and declaratory relief and attorney's fees. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AND PRIMO HOAGIES 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 MULTI-PLAINTIFF PROCEEDING. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding.

11.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights. Small claims court actions may also be excluded from mandatory arbitration where permitted by applicable law.

11.5 Consumer Rights

Nothing in this dispute resolution section is intended to limit any rights you may have under applicable federal and state consumer protection laws, including rights available under the FTC Act, or any other law that cannot be waived by agreement. If you are a California resident, additional rights may be available to you under the California Consumer Privacy Act (CCPA) and California Consumer Protection laws.

12. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Website or maintain an account with us. We reserve the right, at our sole discretion, to suspend or terminate your access to the Website and any related services, immediately and without notice, for any of the following reasons:

• Breach or violation of any provision of these Terms
• Suspected fraudulent, abusive, or illegal activity
• Requests by law enforcement or government agencies
• Unexpected technical or security issues
• Extended periods of inactivity in your account
• Failure to pay amounts owed to us
• Any other reason at our sole and absolute discretion

Upon termination of your account or access:

• Your right to access and use the Website will immediately cease
• We may delete your account information and any content associated with it
• Any pending orders may be cancelled and refunded at our discretion
• Any outstanding payment obligations will remain due and payable

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination.

Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, indemnification, disclaimers, and limitations of liability.

13. Changes to Terms

Primo Hoagies reserves the right to modify, update, or replace these Terms of Service at any time and at our sole discretion. We will notify you of any material changes by:

• Posting the updated Terms on this page with a revised "Last Updated" date
• Sending a notification email to the address associated with your account (where applicable)
• Displaying a prominent notice on our Website

Your continued use of the Website after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes. If you do not agree to the modified Terms, you must discontinue using the Website immediately.

We encourage you to bookmark this page and review these Terms regularly to stay informed of any updates. Changes to these Terms will not apply retroactively and will become effective upon posting unless a different effective date is specified.

14. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under applicable law by a court of competent jurisdiction or through arbitration, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving the original intent of the provision to the greatest extent possible. If such modification is not possible, the provision shall be deemed severed from these Terms.

The invalidity, illegality, or unenforceability of any particular provision shall not affect or impair the validity, legality, or enforceability of any other provision of these Terms. The remaining provisions shall continue in full force and effect and shall be construed to give effect to the original intent of the parties as closely as possible.

No waiver by Primo Hoagies of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Primo Hoagies to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Primo Hoagies regarding your use of the Website and our services. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and your use thereof.

No oral or written information or advice given by Primo Hoagies or its authorized representatives shall create a warranty or otherwise alter the terms of this Agreement. Any modifications to these Terms must be made in writing and signed by an authorized representative of Primo Hoagies to be valid and binding.

16. Force Majeure

Primo Hoagies shall not be liable for any failure or delay in the performance of our obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, civil unrest, strikes, labor disputes, supply chain disruptions, internet or telecommunications failures, or any other event of force majeure.

In the event of a force majeure situation, we will use commercially reasonable efforts to notify you and to resume normal operations as soon as practicable. Orders affected by force majeure events may be cancelled and refunded at our discretion.

17. Electronic Communications

By using our Website or communicating with us via email, you consent to receiving electronic communications from Primo Hoagies. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or through the Website, satisfy any legal requirement that such communications be in writing.

You acknowledge that electronic communications may not be completely secure and that transmissions over the internet are subject to interception and alteration. We are not responsible for any interception or alteration of communications during transit.

18. Privacy and Data Protection

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 share your personal information in connection with your use of our Website and services. By agreeing to these Terms, you also acknowledge and consent to the practices described in our Privacy Policy.

We are committed to protecting your personal information in accordance with applicable federal and state privacy laws, including but not limited to the Federal Trade Commission Act (FTC Act) governing unfair or deceptive practices regarding consumer data. If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), as described in our Privacy Policy.

19. Accessibility

Primo Hoagies is committed to making our Website accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing our Website or using our services due to a disability, please contact us so that we can assist you and work to improve accessibility.

20. 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 in a timely and professional manner.

We will make reasonable efforts to respond to all inquiries within five (5) business days. For urgent matters related to food safety or order issues, please contact us immediately via email at [email protected].

© 2026 Primo Hoagies. All rights reserved. These Terms of Service are protected by copyright law and may not be reproduced, distributed, or transmitted in any form without the express written permission of Primo Hoagies.