Terms of Service

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

1. Acceptance of Terms

By visiting, browsing, registering on, or otherwise using the Website at primohoagies-eat.click, placing an order, or engaging with any of our services, you ("User," "Customer," or "you") expressly agree to these Terms of Service, our Privacy Policy, and any other policies or guidelines incorporated herein by reference. These Terms constitute a legally binding contract between you and Primo Hoagies.

You represent and warrant that:

• You are at least eighteen (18) years of age, or if you are a minor, you have obtained verifiable parental or legal guardian consent to use this Website and its services;
• You have the legal capacity to enter into binding contracts under applicable United States law;
• You will use this Website and our services solely for lawful purposes and in accordance with these Terms;
• All information you provide to us is accurate, current, and complete.

Your continued use of the Website following the posting of any amendments to these Terms shall constitute your acceptance of those changes. We encourage you to review these Terms periodically.

2. Description of Services

Primo Hoagies is a food service business operating within the United States. Our Website and associated services are designed to provide customers with a seamless experience for browsing our menu, placing online orders, and engaging with our brand. Our services may include, but are not limited to, the following:

• Online Menu Browsing: Users may view our current menu offerings, including hoagies, sandwiches, sides, beverages, and any specialty items available at participating locations.
• Online Ordering: Users may place orders for pickup or delivery through the Website, subject to availability at specific locations and service areas.
• Account Registration: Users may create an account to manage their preferences, order history, and saved payment methods.
• Promotions and Loyalty Programs: Primo Hoagies may offer promotional deals, discount codes, coupons, and loyalty reward programs accessible through the Website.
• Customer Support: Users may contact our team for assistance related to orders, complaints, feedback, and general inquiries.
• Informational Content: The Website may provide general information about our company, locations, nutritional information, catering services, and franchise opportunities.

We reserve the right to modify, expand, or discontinue any aspect of our services at any time, with or without notice, and without liability to you. Not all services may be available in all geographic areas. Menu items, prices, and availability are subject to change without prior notice.

Primo Hoagies does not guarantee that any specific menu item will be available at any particular location or time. We reserve the right to substitute or refuse service at our sole discretion, consistent with applicable law.

3. User Obligations and Prohibited Activities

As a condition of your use of this Website and our services, you agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to consumer protection laws enforced by the Federal Trade Commission (FTC), and applicable state laws. You further agree to abide by the following obligations and restrictions.

3.1 User Obligations

• You must provide accurate, truthful, and complete information when creating an account or placing an order.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You must promptly notify us of any unauthorized use of your account or any other security breach at [email protected].
• You agree to use the Website only for its intended purpose as a food ordering and information platform.
• You must pay for all orders placed through your account, and by placing an order, you represent that you are authorized to use the payment method provided.

3.2 Prohibited Activities

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

• Fraudulent Activity: Using false identities, stolen payment information, or deceptive practices to place orders or obtain promotions;
• Unauthorized Access: Attempting to access, probe, or breach the security of our Website, servers, or databases without authorization;
• Scraping and Data Mining: Using automated tools, bots, spiders, scrapers, or crawlers to extract data from the Website without prior written consent;
• Interference: Transmitting viruses, malware, ransomware, or any harmful code; or taking any action that could disable, overburden, or impair the functionality or infrastructure of our Website;
• Intellectual Property Infringement: Reproducing, distributing, modifying, or creating derivative works of any content from our Website without explicit written authorization;
• Harassment: Using our platform to harass, threaten, abuse, or harm any individual, including our employees, contractors, or other users;
• Spam: Sending unsolicited commercial messages or communications through any feature of our Website;
• Misrepresentation: Impersonating any person or entity, or falsely claiming affiliation with Primo Hoagies;
• Illegal Use: Using the Website for any purpose that violates federal, state, or local laws, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the CAN-SPAM Act;
• Reverse Engineering: Attempting to reverse engineer, decompile, or disassemble any software, technology, or systems used in connection with our Website;
• Resale: Reselling or attempting to resell any product, promotion, or service obtained through the Website for commercial gain without our express written consent.

We reserve the right to investigate and take appropriate legal action against any user who engages in prohibited activities, including termination of account, banning from the Website, and referral to law enforcement authorities.

4. Intellectual Property Rights

All content available on the Website, including but not limited to text, graphics, logos, images, audio clips, video content, data compilations, software, user interface designs, and the selection and arrangement thereof (collectively, "Content"), is the exclusive property of Primo Hoagies or its licensors 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 common law rights.

The "Primo Hoagies" name, logo, trade dress, and all related marks are trademarks or registered trademarks of Primo Hoagies. You are strictly prohibited from using any such marks without our prior written consent. Any unauthorized use of our trademarks or service marks constitutes trademark infringement and unfair competition under applicable federal and state law.

Subject to your compliance with these Terms, Primo Hoagies grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial purposes. This license does not include:

• Any resale or commercial use of the Website or its Content;
• Any collection and use of product listings, descriptions, or prices;
• Any derivative use of the Website or its Content;
• Any downloading or copying of account information for the benefit of any third party;
• Any use of data mining, robots, or similar data gathering and extraction tools.

If you believe that any content on the Website infringes your copyright, please notify us in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, by sending a written notice to [email protected]. Your notice must include the information required under the DMCA.

5. Online 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 items. All orders are subject to availability and acceptance by Primo Hoagies. We reserve the right to accept, decline, or limit any order for any reason, including but not limited to item unavailability, pricing errors, or suspected fraud.

Once an order is confirmed, you will receive a confirmation via email or SMS. Please review your order carefully before submitting, as changes may not be possible after confirmation.

5.2 Pricing and Taxes

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes, which will be calculated and displayed at checkout in accordance with applicable state and local tax laws. Primo Hoagies is required to collect sales tax where mandated by law.

In the event of a pricing error on the Website, we reserve the right to cancel any affected orders and provide a full refund. We are not obligated to honor orders placed at incorrect prices.

5.3 Payment Methods

We accept various forms of payment as displayed on our checkout page, which may include major credit cards, debit cards, and other electronic payment methods. By submitting payment information, you represent that you are authorized to use the designated payment method and authorize Primo Hoagies to charge the applicable amount, including taxes and fees.

Payment processing is handled by third-party payment processors. We do not store your full payment card information on our servers. Your payment information is subject to the privacy policies of the respective payment processors.

5.4 Refunds and Cancellations

Our refund and cancellation policy is as follows:

• Orders may be cancelled only before they have been prepared. Once food preparation has begun, cancellations may not be honored;
• Refunds for incorrect, missing, or unsatisfactory items will be evaluated on a case-by-case basis;
• Refund requests must be submitted within twenty-four (24) hours of the order delivery or pickup time by contacting us at [email protected];
• Approved refunds will be processed to the original payment method within five to ten (5–10) business days, subject to your financial institution's processing times.

5.5 Promotions and Coupons

Promotional offers, discount codes, and coupons are subject to their specific terms and conditions. They are non-transferable, have no cash value unless stated otherwise, and may not be combined with other offers unless expressly permitted. Primo Hoagies reserves the right to modify or terminate any promotional offer at any time.

6. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES, CONTENT, AND INFORMATION PROVIDED THEREON ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY.

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 WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, INCLUDING NUTRITIONAL INFORMATION, MENU DESCRIPTIONS, AND PRICING;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS.

Nutritional and allergen information provided on the Website is for general informational purposes only and may not be completely accurate due to variations in ingredient sourcing, preparation methods, and location-specific factors. Users with food allergies or dietary restrictions are solely responsible for making informed decisions and should contact the specific location directly before ordering.

Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in their entirety.

7. 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, LICENSORS, SUPPLIERS, OR FRANCHISEES BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR PERSONAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL ELEMENTS TRANSMITTED THROUGH THE WEBSITE;
• ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.

IN ALL CASES, PRIMO HOAGIES'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES SHALL NOT 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 DOLLARS ($100.00 USD).

These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if Primo Hoagies has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you in full.

8. Indemnification

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

• Your violation of these Terms of Service;
• Your use or misuse of the Website or our services;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights;
• Your violation of any applicable federal, state, or local law or regulation;
• Any content you submit, post, or transmit through the Website;
• Any unauthorized access to or use of your account credentials;
• Any fraudulent, negligent, or willful misconduct by you.

Primo Hoagies 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. You agree not to settle any such matter without our prior written consent.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Website and services, you consent to the collection and use of your personal information as described in the Privacy Policy.

To the extent you are a resident of California, your rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) are addressed in our Privacy Policy. For all users, our data practices comply with applicable provisions of the Federal Trade Commission Act (15 U.S.C. § 45) and related consumer protection regulations.

10. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources, including delivery platforms, payment processors, and social media platforms. These links are provided solely for your convenience. Primo Hoagies does not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Primo Hoagies is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available through any such third-party website or service. We strongly encourage you to review the terms and privacy policies of any third-party sites you visit.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to them, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Website or services, shall be governed by and construed in accordance with the laws of the United States of America and applicable state laws, without regard to conflict of law principles.

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 within the United States. You hereby irrevocably consent to personal jurisdiction and venue in such courts and waive any objection to the exercise of jurisdiction over you by such courts or to venue in such courts.

These Terms shall be interpreted in accordance with applicable provisions of the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.), and other applicable federal statutes and regulations.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to contact Primo Hoagies at [email protected] and attempt in good faith to resolve the dispute informally. We will make reasonable efforts to address your concerns within thirty (30) days of receiving your written notice.

12.2 Binding Arbitration

If informal resolution fails, you and Primo Hoagies agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or our services shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, rather than in court, except as provided below.

The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall have the authority to grant any remedy or relief that a court of competent jurisdiction could order or grant under applicable law.

You may opt out of arbitration by sending written notice to [email protected] within thirty (30) days of first accepting these Terms.

12.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PRIMO HOAGIES AGREE THAT EACH PARTY 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, COLLECTIVE, REPRESENTATIVE, OR MULTI-PLAINTIFF ACTION OR PROCEEDING.

If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement set forth in Section 12.2 shall be null and void.

12.4 Exceptions

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from 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.

13. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use the Website or maintain an account with Primo Hoagies. We reserve the right, in our sole discretion, to:

• Suspend or terminate your access to the Website and/or your account, with or without notice, for any reason, including but not limited to a violation of these Terms;
• Remove or disable access to any content you have submitted or posted on the Website;
• Discontinue the Website or any part thereof, temporarily or permanently, at any time without liability.

You may terminate your account at any time by contacting us at [email protected]. Upon termination, your right to use the Website and services will immediately cease. Termination shall not relieve you of any obligations incurred prior to the effective date of termination, including the obligation to pay for completed orders.

The following provisions shall survive the termination of these Terms: Sections 4 (Intellectual Property Rights), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnification), 11 (Governing Law), 12 (Dispute Resolution), and any other provisions that by their nature should survive termination.

14. Changes to Terms

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

• Update the "Last Updated" date at the top of this page;
• Post the revised Terms on the Website; and
• Where required by applicable law, provide additional notice such as an email notification to registered users.

Your continued use of the Website or services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the amended Terms, your sole remedy is to discontinue use of the Website and, if applicable, close your account. It is your responsibility to review these Terms periodically for updates.

No amendment to or modification of these Terms shall be binding unless it is posted on the Website or made in writing and signed by an authorized representative of Primo Hoagies.

15. Severability

If any provision of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or contrary to applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.

The parties agree that any unenforceable provision shall be replaced by a valid and enforceable provision that most closely approximates the intent and economic effect of the original provision.

16. Entire Agreement

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

No failure or delay by Primo Hoagies in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

17. Force Majeure

Primo Hoagies shall not be held liable for any failure or delay in performance of its obligations under these Terms caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics or public health emergencies, civil unrest, terrorism, war, government restrictions, labor disputes, supply chain disruptions, or failures of third-party technology systems. In such events, our obligations shall be suspended for the duration of the force majeure event.

18. No Waiver

The failure of Primo Hoagies to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Primo Hoagies. No waiver shall be deemed a waiver of any subsequent breach or default of the same or any other provision.

19. Electronic Communications

By using our Website and services, you consent to receive electronic communications from Primo Hoagies, including emails, text messages, push notifications, and notices posted on the Website. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.).

20. Accessibility

Primo Hoagies is committed to making our Website accessible to individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and applicable web accessibility standards. If you encounter any accessibility barriers on our Website, please contact us at [email protected] so that we may assist you and work to improve accessibility.

21. Contact Information

If you have any questions, concerns, complaints, or inquiries regarding these Terms of Service or any aspect of our Website or services, please contact us using the information below:

We strive to respond to all inquiries within two (2) to five (5) business days. For urgent matters related to food safety or active orders, we encourage you to contact your local Primo Hoagies location directly in addition to reaching out via email.