Terms of Service

Please read these Terms of Service carefully before using the website located at primo-hoagies.click (the "Site") or any services offered by Primo Hoagies ("Company," "we," "us," or "our"). These Terms of Service constitute a legally binding agreement between you and Primo Hoagies governing your access to and use of our Site, online ordering platform, and food-related services.

1. Acceptance of Terms

By accessing or using the Site, placing an order, creating an account, or otherwise engaging with any service provided by Primo Hoagies, you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy and any additional guidelines or policies posted on the Site. These Terms apply to all visitors, registered users, and anyone who accesses or uses our services.

If you do not agree with any part of these Terms of Service, you must immediately discontinue your use of the Site and our services. Your continued use of the Site following any modifications to these Terms constitutes your acceptance of the revised Terms.

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into binding contracts under applicable United States law. If you are using our services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

Primo Hoagies is a food service business that provides customers with the ability to browse our menu, place food orders online, schedule pickups or deliveries, and engage with our brand through our digital platform located at primo-hoagies.click. Our services include, but are not limited to:

• Online menu browsing and food ordering
• Order pickup and delivery coordination
• Customer account creation and management
• Promotional offers, loyalty programs, and discount codes
• Customer support and order assistance
• Catering inquiry and reservation services
• Nutritional and allergen information access

Primo Hoagies reserves the right to modify, expand, reduce, or discontinue any aspect of its services at any time without prior notice, subject to applicable law. We make no guarantee that any specific menu item, service feature, or promotional offer will remain available indefinitely.

All food products offered by Primo Hoagies are subject to availability. We reserve the right to substitute ingredients or items when necessary due to supply chain limitations, seasonal availability, or operational requirements. We will make reasonable efforts to notify customers of significant substitutions before order fulfillment.

3. User Accounts and Registration

To access certain features of our Site, including order history, saved preferences, and loyalty rewards, you may be required to create a user account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information to keep it accurate and current
• Maintain the security and confidentiality of your account credentials, including your password
• Accept responsibility for all activities that occur under your account
• Notify us immediately at [email protected] upon becoming aware of any unauthorized use of your account

Primo Hoagies reserves the right to suspend or terminate any account that we reasonably believe has been compromised, misused, or is in violation of these Terms. We will not be liable for any loss or damage arising from your failure to comply with your account security obligations.

4. User Obligations and Prohibited Activities

As a condition of using our Site and services, you agree to use them only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations of the United States. You agree to comply with all applicable laws governing online conduct and content in your jurisdiction.

4.1 Prohibited Activities

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

• Fraudulent Conduct: Submitting false, misleading, or fraudulent orders, payment information, or personal details; misrepresenting your identity or affiliation with any person or organization.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of our Site, server, network, or systems connected to our Site through hacking, password mining, or any other means.
• Interference: Engaging in any conduct that disrupts, damages, or interferes with the proper functioning of the Site, including uploading viruses, malware, or any other harmful code.
• Scraping and Data Mining: Using automated scripts, bots, crawlers, or data mining tools to collect data from our Site without our prior written consent.
• Spam and Abuse: Sending unsolicited communications, promotional materials, or any form of spam to other users or through our platform.
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works from our content, menus, images, branding, or proprietary information without express written authorization.
• Manipulation of Promotions: Exploiting, abusing, or manipulating promotional codes, loyalty rewards, discount offers, or referral programs beyond their intended use.
• Defamatory or Harmful Content: Posting, transmitting, or submitting any content that is defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable.
• Illegal Activities: Using our services to facilitate any illegal activity or to violate any applicable federal, state, or local law or regulation.
• Commercial Exploitation: Reselling, sublicensing, or otherwise commercially exploiting our services without our prior written consent.

Violation of any of these prohibitions may result in the immediate termination of your access to our Site and services, and may subject you to civil and/or criminal liability under applicable law.

5. Ordering, Payment Terms, and Pricing

5.1 Order Placement

When you place an order through our Site, you are making an offer to purchase food and related products from Primo Hoagies. All orders are subject to our acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in product or pricing information, or suspected fraudulent activity.

Once your order is confirmed, you will receive an order confirmation via email or text message. It is your responsibility to review your order details carefully before submission. Primo Hoagies is not responsible for errors resulting from incorrect information provided by the customer.

5.2 Pricing and Fees

All prices displayed on our Site are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Prices may vary by location and are subject to change without notice. The price charged for your order will be the price displayed at the time your order is confirmed, except in cases of obvious error.

Delivery orders may be subject to additional delivery fees, service charges, and minimum order requirements, which will be clearly disclosed during the checkout process. We reserve the right to adjust pricing to reflect changes in ingredient costs, operational expenses, or market conditions.

5.3 Payment Processing

We accept major credit cards, debit cards, and other payment methods as displayed on our Site. All payments are processed through secure third-party payment processors. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total order amount, including taxes and applicable fees.

Primo Hoagies does not store your full payment card information on our servers. All payment data is handled in accordance with Payment Card Industry Data Security Standards (PCI DSS) by our payment processing partners.

5.4 Refunds and Cancellations

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 problem with your order — such as receiving incorrect items, incomplete orders, or food quality concerns — please contact us immediately at [email protected]. We will review each situation on a case-by-case basis and may offer a refund, credit, or replacement at our sole discretion.

6. Intellectual Property Rights

All content available on the Site, including but not limited to text, graphics, logos, menu designs, photographs, images, audio and video clips, digital downloads, data compilations, and software, is the exclusive property of Primo Hoagies or its content suppliers and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

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

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes only. This license does not include the right to:

• Modify or copy our materials beyond what is necessary for personal use
• Use the materials for any commercial purpose or public display
• Attempt to decompile or reverse engineer any software contained on the Site
• Remove any copyright or other proprietary notations from the materials
• Transfer the materials to another person or mirror the materials on any other server

Any use of our intellectual property not expressly permitted by these Terms constitutes a material breach of these Terms and may violate copyright, trademark, and other laws, which could result in immediate termination of your access to the Site and legal action against you.

7. Disclaimers and "As-Is" Basis

THE SITE AND ALL SERVICES PROVIDED BY PRIMO HOAGIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PRIMO HOAGIES EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE SITE
• WARRANTIES RELATED TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES

7.1 Food Allergen Disclaimer

Primo Hoagies makes reasonable efforts to provide accurate allergen and nutritional information on our Site. However, our food is prepared in facilities that may handle common allergens including, but not limited to, wheat, gluten, dairy, eggs, nuts, soy, and shellfish. Cross-contamination is possible. If you have a food allergy or dietary restriction, please contact us directly before placing an order to discuss your needs. Primo Hoagies cannot guarantee that any menu item is completely free from any particular allergen. Customers with severe food allergies consume our products at their own risk.

7.2 Third-Party Links

Our Site may contain links to third-party websites, including delivery platforms and payment processors. These links are provided for your convenience only. Primo Hoagies has no control over the content of those sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Accessing third-party websites from links on our Site is done at your own risk.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIMO HOAGIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF PRIMO HOAGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL PRIMO HOAGIES'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO PRIMO HOAGIES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be lawfully limited or excluded under applicable United States law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Primo Hoagies and its officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns from and against any 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 Site or services, including any actions taken on or through the Site
• Any content you submit, post, or transmit through the Site
• Your violation of any applicable federal, state, or local law or regulation
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or contractual rights
• Any misrepresentation made by you

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with our defense of such claim. You may not settle any claim covered by this section 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 laws of the state in which Primo Hoagies operates, without regard to its conflict of law provisions.

Our services are provided in compliance with applicable federal law, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), which prohibits unfair or deceptive acts or practices in commerce, as well as applicable state consumer protection statutes.

For customers located in the State of California, we acknowledge your rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as further described in our Privacy Policy. California customers may have additional rights under California Civil Code § 1750 et seq. (Consumers Legal Remedies Act) and California Business & Professions Code § 17200 et seq. (Unfair Competition Law).

Any legal action or proceeding arising out of or relating to these Terms or your use of our services shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States, and you consent to the personal jurisdiction of such courts. You waive any objection to venue or jurisdiction in such courts.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Primo Hoagies and attempt to resolve any dispute informally by contacting us at [email protected]. We will attempt to resolve disputes amicably within thirty (30) days of receipt of your written notice describing the nature of the dispute and your proposed resolution. Both parties agree to negotiate in good faith during this period.

11.2 Binding Arbitration

If we are unable to resolve a dispute informally within thirty (30) days, you and Primo Hoagies agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services through binding individual arbitration, rather than in court, except for matters that may be taken to small claims court.

Arbitration shall be administered by a nationally recognized arbitration organization, such as the American Arbitration Association (AAA), in accordance with its Consumer Arbitration Rules then in effect. 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 OR REPRESENTATIVE PROCEEDING. Unless both you and Primo Hoagies agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

11.4 Exceptions to Arbitration

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

12. Term and Termination

These Terms of Service remain in effect for as long as you use our Site or services. Primo Hoagies reserves the right, in its sole discretion, to suspend or terminate your access to the Site and services at any time, with or without notice and for any reason, including but not limited to:

• Violation of any provision of these Terms of Service
• Conduct that we believe is harmful to other users, third parties, or our business interests
• Requests by law enforcement or government agencies
• Discontinuation or material modification of our services
• Unexpected technical or security issues
• Non-payment or fraudulent payment activity

Upon termination of your account or access, your right to use the Site will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, limitations of liability, dispute resolution, and governing law provisions.

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, including outstanding payment obligations.

13. Changes to Terms of Service

Primo Hoagies reserves the right to amend, modify, or update these Terms of Service at any time, at our sole discretion. When we make material changes to these Terms, we will provide notice by:

• Updating the "Last Updated" date at the top of this page
• Posting a notice on our Site
• Sending an email notification to registered account holders (for significant changes)

Your continued use of the Site or our services after the effective date of any modification constitutes your binding acceptance of the revised Terms of Service. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree with any changes to these Terms, you must discontinue your use of our Site and services immediately.

The most current version of these Terms of Service will always be available on our Site at primo-hoagies.click.

14. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision 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 Primo Hoagies to enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision unless expressly acknowledged and agreed to in writing by an authorized representative of Primo Hoagies. No waiver of any breach of these Terms shall be deemed a waiver of any subsequent breach of the same or any other provision.

15. Entire Agreement

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

Any rights not expressly granted in these Terms of Service are reserved by Primo Hoagies. Headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.

16. Force Majeure

Primo Hoagies shall not be held liable for any failure or delay in performance of its obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, fire, flood, earthquake, natural disasters, war, terrorism, labor disputes, pandemics, governmental actions, supply chain disruptions, power outages, internet or telecommunications failures, or any other similar circumstances.

In the event of a force majeure occurrence, we will make reasonable efforts to notify affected customers and resume normal operations as quickly as practicable under the circumstances.

17. Electronic Communications

By using our Site and services, you consent to receiving communications from Primo Hoagies electronically. We will communicate with you by email or by posting notices on our Site. 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.

If you have provided us with your phone number, you may receive text messages related to your orders, account, or promotional offers. You may opt out of marketing communications at any time by following the unsubscribe instructions provided in those communications or by contacting us directly.

18. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the information below:

© 2026 Primo Hoagies. All rights reserved. These Terms of Service were last updated on June 12, 2026.