Terms of Service

Effective Date: July 2, 2026  |  Last Updated: July 2, 2026

1. Acceptance of Terms

By accessing, browsing, or using the website located at primohoagiesnew.click (the "Website"), by placing an order for food or related products, or by otherwise engaging with any service offered by Primo Hoagies ("Company," "we," "us," or "our"), you ("User," "Customer," or "you") expressly acknowledge and agree to comply with and be legally bound by these Terms of Service ("Terms"), along with our Privacy Policy, which is incorporated herein by reference.

These Terms apply to all visitors, registered users, and others who access or use the Website or any services provided by Primo Hoagies. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes. If you are accessing our Website or services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both the individual and such entity.

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

2. Description of Services

Primo Hoagies operates as a food service business offering customers the ability to browse our menu, place orders for hoagies, sandwiches, and related food and beverage items, and access information about our products, promotions, and locations. Our services include, but are not limited to:

• Online menu browsing and food ordering via our Website
• In-store pickup and, where available, delivery services
• Promotional offers, loyalty programs, and discount communications
• Customer support and inquiries via email and other contact methods
• Informational content regarding our food products, ingredients, and nutritional information
• Event catering order services where applicable
• Gift card purchases and redemption where available

We reserve the right to modify, suspend, or discontinue any part of our services at any time with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuation of services. Primo Hoagies makes no guarantee that any particular product, menu item, or service will be available at any given time or location. Menu items, prices, and availability are subject to change without prior notice.

Our Website is intended primarily for personal, non-commercial use by individual consumers seeking to purchase food products for themselves, their families, or their organizations. Any use of the Website for commercial resale or redistribution of our food products without our prior written authorization is strictly prohibited.

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 creating an account or placing an order, including but not limited to your name, delivery address, contact number, and payment information
• Maintain the confidentiality of any account credentials, including passwords, and notify us immediately at [email protected] if you suspect unauthorized use of your account
• Comply with all applicable federal, state, and local laws, rules, and regulations in connection with your use of our Website and services
• Use the Website solely for lawful purposes and in a manner consistent with these Terms
• Respect the intellectual property rights of Primo Hoagies and third parties
• Promptly pay all charges, fees, and applicable taxes associated with your orders
• Provide accurate allergen and dietary information when making special requests, understanding that we cannot guarantee allergen-free preparation environments

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities in connection with your use of the Website or our services:

• Fraudulent Conduct: Using false identities, stolen payment methods, or engaging in any form of fraud or misrepresentation in connection with orders or account creation
• System Interference: Attempting to hack, disrupt, or otherwise interfere with the functionality, security, or integrity of the Website or our servers, networks, or related infrastructure
• Automated Access: Using bots, scrapers, crawlers, automated scripts, or other automated means to access, collect data from, or interact with our Website without prior written consent
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise discover the source code or underlying structure of our Website or software
• Unauthorized Commercial Use: Reselling, redistributing, or commercially exploiting any content, services, or products obtained through our Website without explicit written authorization
• Harassment: Engaging in any form of harassment, abuse, defamation, or threatening behavior directed at Primo Hoagies employees, representatives, or other users
• Harmful Content: Uploading, transmitting, or distributing any viruses, malware, Trojan horses, or other harmful or disruptive code
• Circumvention of Security: Circumventing, bypassing, or disabling any security features, access controls, or protective measures implemented on the Website
• Unauthorized Data Collection: Collecting or harvesting personally identifiable information about other users without their explicit consent
• False Reviews: Posting false, misleading, or fabricated reviews, ratings, or testimonials about our products or services
• Violation of Laws: Using the Website or services in any manner that violates applicable federal, state, or local laws, including those related to food safety, consumer protection, and electronic commerce

Violation of any prohibited activity may result in immediate termination of your account and access to our services, and may subject you to civil and/or criminal liability under applicable law.

4. Intellectual Property Rights

All content available on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video, data compilations, software, and the overall design and layout of the Website ("Content"), is the exclusive property of Primo Hoagies or its licensors and is protected by applicable United States and international intellectual property laws, including the Copyright Act of 1976 (17 U.S.C. § 101 et seq.), trademark law under the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable laws.

The Primo Hoagies name, logo, trade dress, product names, and all related marks are trademarks or registered trademarks of Primo Hoagies. Nothing in these Terms grants you any license or right to use any trademark, service mark, or logo without the prior written permission of Primo Hoagies.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial purposes in connection with placing orders and accessing our services. This license does not include the right to:

• Reproduce, modify, distribute, or create derivative works from any Content
• Publicly display or perform any Content
• Use any Content for commercial purposes without our prior written consent
• Remove or alter any copyright, trademark, or other proprietary notices

Any unauthorized use of our intellectual property may result in immediate termination of your access to the Website and may expose you to civil and criminal liability. If you believe that any content on our Website infringes upon your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement.

5. Ordering, Payment Terms, and Pricing

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 prices displayed. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to cases involving pricing errors, suspected fraud, product unavailability, or inability to verify payment information.

You will receive an order confirmation via email upon successful placement of your order. This confirmation constitutes acknowledgment that we have received your order, but it does not constitute acceptance or a guarantee of fulfillment. We reserve the right to cancel or modify an order after confirmation if circumstances require.

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 tax, service fees, or delivery charges, which will be calculated and displayed at the time of checkout. We make every effort to ensure that prices displayed are accurate; however, in the event of a pricing error, we reserve the right to cancel the affected order and notify you accordingly.

5.3 Payment

We accept major credit cards, debit cards, and other payment methods as displayed at checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge the full amount of your order, including applicable taxes and fees, to that payment method.

All payment transactions are processed through secure third-party payment processors. Primo Hoagies does not store complete payment card information on its servers. Your payment information is subject to the terms and privacy policies of the applicable payment processor.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. Refund requests will be considered on a case-by-case basis in circumstances where an order was incorrect, damaged, or otherwise failed to meet reasonable expectations. To request a refund or report an issue with your order, please contact us within twenty-four (24) hours of order receipt at [email protected].

6. Food Allergen and Nutritional Disclaimer

Primo Hoagies makes reasonable efforts to provide accurate information regarding the ingredients, allergens, and nutritional content of our food products. However, we cannot guarantee that any menu item is entirely free from allergens, including but not limited to peanuts, tree nuts, dairy, eggs, wheat, soy, fish, or shellfish, as our food is prepared in shared kitchen environments.

Customers with food allergies, dietary restrictions, or medical conditions that may be affected by food consumption are strongly advised to exercise caution and consult with our staff before placing orders. Primo Hoagies shall not be held liable for adverse reactions resulting from consumption of our products by individuals who have failed to disclose relevant dietary restrictions or who have chosen to consume products despite known allergen risks.

Nutritional information provided on our Website is approximate and may vary based on preparation methods, portion sizes, and ingredient substitutions. This information is provided for general reference purposes only and does not constitute medical or dietary advice.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO THE PROVISIONS OF THE FEDERAL TRADE COMMISSION ACT AND APPLICABLE STATE CONSUMER PROTECTION STATUTES, PRIMO HOAGIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, 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, revenue, business, or goodwill
• Loss of data or information
• Business interruption or loss of business opportunity
• Personal injury or property damage not directly caused by our gross negligence or willful misconduct
• Costs of substitute goods or services
• Any damages resulting from your reliance on information obtained through the Website

IN NO EVENT SHALL PRIMO HOAGIES'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PRIMO HOAGIES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Disclaimers — As-Is Basis

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS OFFERED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PRIMO HOAGIES EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied Warranties of Merchantability: We do not warrant that our food products or services will meet your specific requirements or expectations
• Fitness for a Particular Purpose: We make no warranty that our products are suitable for any particular dietary need, health goal, or specific purpose
• Non-Infringement: We do not warrant that the Website or its Content will not infringe on the rights of third parties
• Accuracy and Completeness: We do not warrant that the information on our Website is accurate, complete, current, or free from errors
• Uninterrupted Access: We do not warrant that the Website will be available at all times, free from viruses, or that errors will be corrected
• Security: While we implement commercially reasonable security measures, we cannot guarantee that the Website is completely secure or that unauthorized access will never occur

Primo Hoagies does not endorse or assume responsibility for any third-party websites, products, or services that may be linked from or referenced on our Website. Your access to and use of any third-party resources is at your own risk.

9. Indemnification

You agree to defend, indemnify, and hold harmless Primo Hoagies and its respective officers, directors, shareholders, employees, agents, contractors, licensors, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, actions, demands, losses, liabilities, costs, damages, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of or access to the Website or services
• Your violation of any provision of these Terms
• Your violation of any applicable federal, state, or local law, regulation, or third-party right, including intellectual property rights
• Any content or information you submit, post, or transmit through the Website
• Your negligent or wrongful conduct in connection with your use of our services
• Any dispute arising between you and any third party in connection with our services
• Your misuse of any product or service obtained through our Website

We reserve the right to assume exclusive control of the defense of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses. You shall not settle any claim without our prior written consent. This indemnification obligation shall survive the termination of these Terms and your use of the Website.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or our services 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 registered and operates, without regard to its conflict of law provisions.

These Terms are subject to applicable federal laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, and applicable state consumer protection statutes. Where Primo Hoagies operates in or serves customers in the State of California, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) may apply to the collection and processing of personal information.

Subject to the Dispute Resolution section below, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located within the United States for the resolution of any disputes not subject to arbitration. You hereby waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services by contacting us informally at [email protected] with a written description of your complaint. We will attempt to resolve your complaint within thirty (30) days of receipt. Many concerns can be resolved quickly and to the satisfaction of both parties through this informal process.

11.2 Binding Arbitration

If informal resolution is unsuccessful, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website and services — other than claims for emergency injunctive or equitable relief — shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitrator shall have exclusive authority to resolve all threshold arbitrability issues, including disputes regarding the scope, applicability, enforceability, revocability, or validity of this arbitration agreement. The arbitration shall be conducted on an individual basis; class arbitrations and class actions are not permitted. The arbitrator may award the same damages and relief that a court could award, including injunctive relief on an individual basis. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction.

11.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN OR BRING ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING AGAINST PRIMO HOAGIES. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY.

11.4 Exceptions

Notwithstanding the foregoing, 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 a party's intellectual property rights or confidential information.

12. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Website or our services. Primo Hoagies reserves the right, in its sole discretion, to terminate, suspend, or restrict your access to the Website and any related services, with or without notice and without liability to you, for any reason, including but not limited to:

• Violation of any provision of these Terms
• Conduct that we believe is harmful to other users, third parties, or the interests of Primo Hoagies
• Fraudulent, deceptive, or illegal activity in connection with your use of our services
• Extended periods of inactivity on your account
• Our decision to discontinue the Website or any services

You may terminate your account and discontinue use of our services at any time by contacting us at [email protected]. Upon termination, your right to use the Website and services will immediately cease. Termination of your account does not relieve you of any obligations incurred prior to termination, including outstanding payment obligations.

The following sections shall survive the termination of these Terms: Intellectual Property Rights, Limitation of Liability, Disclaimers, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

13. Changes to Terms

Primo Hoagies reserves the right to modify, update, or revise these Terms of Service at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. Where required by applicable law, we may provide additional notice of material changes, such as sending an email notification to registered users or displaying a prominent notice on the Website.

Your continued use of the Website or our services after any changes to these Terms have been posted constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates or changes. If you do not agree with any revised Terms, you must discontinue use of the Website and services.

We encourage you to bookmark and regularly review this page at primohoagiesnew.click to stay informed of any updates to our Terms of Service.

14. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving, to the greatest extent possible, the original intent of the provision. The remaining Terms shall continue in full force and effect.

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. 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. Additional Legal Provisions

15.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published 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. They supersede all prior or contemporaneous negotiations, representations, warranties, agreements, and understandings between the parties with respect to the subject matter herein.

15.2 No Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of Primo Hoagies. Any purported assignment in violation of this provision shall be null and void. Primo Hoagies may freely assign its rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

15.3 Force Majeure

Primo Hoagies shall not be liable for any delay or failure in performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, labor disputes or strikes, governmental restrictions or mandates, supply chain disruptions, cyberattacks, or failures of third-party service providers. In such events, our obligations shall be suspended for the duration of the force majeure event.

15.4 Electronic Communications

By using our Website and services, you consent to receive electronic communications from Primo Hoagies, including email communications regarding your orders, account information, updates to these Terms, and promotional offers. You agree that any agreements, notices, or communications provided to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications at any time by following the unsubscribe instructions in any marketing email or by contacting us directly.

15.5 Headings

The section headings used in these Terms are for convenience and organizational purposes only and shall not be construed to affect the meaning or interpretation of any provision of these Terms.

16. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your use of our Website, or our services generally, please do not hesitate to contact us using the information below. We are committed to addressing your concerns in a prompt and professional manner.