Terms of Service

Effective Date: June 25, 2026  |  Last Updated: June 25, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Primo Hoagies ("Company," "we," "us," or "our"), governing your access to and use of the website primohagiesgo.rest (the "Website") and all related services, features, content, and functionality offered by Primo Hoagies (collectively, the "Services").

By accessing this Website, placing an online order, creating an account, subscribing to any promotional communications, or otherwise engaging with our Services, you represent and warrant that:

• You are at least eighteen (18) years of age or the legal age of majority in your jurisdiction;
• You have the legal capacity and authority to enter into this Agreement;
• You are not prohibited by any applicable law from accessing or using the Services;
• All information you provide to us is accurate, current, and complete;
• You will comply with all applicable local, state, and federal laws when using our Services.

If you are accessing or using our Services on behalf of a business, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms, and in such case, "you" and "your" shall refer to that entity.

Your continued use of the Website or Services following any modification to these Terms constitutes your acceptance of those modifications. We recommend that you revisit these Terms periodically to ensure your continued understanding and acceptance.

2. Description of Services

Primo Hoagies is a food service business operating in the United States, specializing in the preparation, sale, and delivery of hoagies, sandwiches, and related food and beverage products. Our Services include, but are not limited to:

• Online Ordering: The ability to browse our menu, customize food items, and place orders for pickup or delivery through our Website;
• Menu Information: Detailed descriptions of our food products, including ingredients, allergen information, nutritional data (where available), pricing, and availability;
• Account Management: The ability to create, manage, and maintain a personal user account for easier ordering and order history tracking;
• Promotional Offers: Access to special deals, discounts, loyalty rewards, and promotional campaigns offered from time to time;
• Customer Support: Assistance with orders, complaints, refunds, and general inquiries via email, phone, or other communication channels;
• Catering Services: Bulk ordering and catering arrangements for events, corporate orders, or large group meals, subject to separate terms or agreements as applicable;
• Informational Content: Blog posts, nutritional articles, and other content related to our brand, products, and food culture.

We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict any aspect of our Services at any time, with or without notice, and without liability to you. Availability of menu items, pricing, and delivery zones may vary by location and are subject to change without prior notice.

Our Services are intended for personal, non-commercial use unless expressly agreed otherwise in writing by an authorized representative of Primo Hoagies.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a condition of your use of our Services, you agree to:

• Provide accurate, truthful, and complete information when registering for an account or placing an order;
• Maintain the confidentiality and security of your account credentials, including your username and password;
• Notify us immediately at [email protected] if you suspect unauthorized access to or use of your account;
• Ensure that your payment information is valid, accurate, and authorized for use;
• Comply with all applicable federal, state, and local laws and regulations when using our Services;
• Use our Services solely for lawful purposes and in accordance with these Terms;
• Treat our employees, contractors, and other customers with respect and civility in all communications.

3.2 Prohibited Activities

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

• Fraudulent Orders: Placing orders with no intention to pay, providing false payment information, or engaging in any form of payment fraud;
• Unauthorized Access: Attempting to access, hack, probe, or test the vulnerability of our systems, servers, or networks without authorization;
• Scraping and Data Mining: Using automated tools, bots, scrapers, or scripts to collect, extract, or harvest data from our Website without our express written consent;
• Interference: Interfering with or disrupting the integrity, performance, or security of our Website or servers;
• Impersonation: Impersonating another person, user, or entity, or falsely representing your affiliation with any person or entity;
• Spam and Harassment: Using our Website or contact channels to transmit unsolicited commercial messages, harass our staff or other customers, or engage in abusive communication;
• Reselling: Reselling our products or Services without prior written authorization from Primo Hoagies;
• Intellectual Property Violations: Copying, reproducing, distributing, or creating derivative works based on our proprietary content without written permission;
• Circumvention: Attempting to bypass, disable, or circumvent any technological protection measures employed by our Website;
• False Reviews: Submitting false, misleading, or defamatory reviews, ratings, or testimonials about our products or services;
• Unlawful Use: Using our Services in any manner that violates applicable federal, state, or local laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and any applicable consumer protection statutes.

Violation of any of the above provisions may result in immediate termination of your account, cancellation of pending orders, and potential referral to appropriate law enforcement authorities. We reserve the right to pursue all available legal remedies in connection with any prohibited activity.

4. Account Registration and Security

To access certain features of our Website, including online ordering, order history, and personalized offers, you may be required to register for an account. When creating an account, you agree to provide accurate and complete registration information and to keep your account information updated at all times.

You are solely responsible for all activities that occur under your account. You agree not to share your account credentials with any third party. Primo Hoagies will not be liable for any loss or damage arising from unauthorized use of your account resulting from your failure to maintain the security of your credentials.

We reserve the right to suspend, disable, or terminate your account at our sole discretion, without prior notice, if we believe you have violated these Terms or engaged in any fraudulent or harmful activity.

5. Ordering, Pricing, and Payment Terms

5.1 Order Placement

By placing an order through our Website, you are making an offer to purchase the selected items at the prices and quantities specified. Primo Hoagies reserves the right to accept or decline any order at our sole discretion. An order confirmation sent to your email does not constitute final acceptance; acceptance occurs when we begin preparation of your order.

Menu items, prices, and availability are subject to change without notice. We strive to maintain accurate pricing and product information on our Website; however, we do not guarantee the accuracy of all information at all times.

5.2 Pricing

All prices listed on our Website are in United States Dollars (USD) and are subject to applicable sales taxes as required by federal, state, and local tax laws. Delivery fees, service charges, and gratuity (where applicable) will be clearly disclosed at checkout prior to final order submission.

Promotional pricing, discounts, and special offers are subject to specific terms, availability, and expiration dates. Promotional offers may not be combined with other discounts unless expressly stated.

5.3 Payment

We accept major credit cards, debit cards, and other payment methods as displayed on the Website. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that all payment information is accurate and current. You authorize us to charge your selected payment method for all orders placed through your account.

In the event of a failed payment or chargeback, Primo Hoagies reserves the right to cancel your order, suspend your account, and pursue any outstanding balance through lawful means.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once food preparation has commenced. If you have a concern about your order quality, accuracy, or a food safety issue, please contact us promptly at [email protected]. Refunds or order credits will be issued at our sole discretion based on the nature and validity of your complaint. Cancellations requested before food preparation begins may be eligible for a full refund.

6. Intellectual Property Rights

All content, materials, and features available on or through our Website and Services, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, software, data compilations, brand names, trademarks, service marks, trade dress, menu designs, recipes, and all other intellectual property (collectively, "Content"), are the exclusive property of Primo Hoagies or our licensors and are protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and federal trademark law (15 U.S.C. § 1051 et seq.).

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

• The right to reproduce, copy, distribute, republish, sell, or commercially exploit any Content;
• The right to modify, adapt, translate, create derivative works from, reverse engineer, or disassemble any portion of the Website or its software;
• The right to use any data mining, robots, or similar data gathering tools on the Website;
• Any resale or commercial use of our Content or the Services;
• Any use of our trademarks or brand elements without prior written consent.

Any unauthorized use of our intellectual property terminates the limited license granted above and may constitute an infringement of our intellectual property rights, subjecting you to civil and criminal penalties under applicable law.

If you believe that any content on our Website infringes your intellectual property rights, 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].

7. Disclaimers — Services Provided "As-Is"

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES;
• WARRANTIES AS TO THE QUALITY, SAFETY, OR FITNESS FOR CONSUMPTION OF ANY FOOD PRODUCTS BEYOND THOSE REQUIRED BY APPLICABLE FOOD SAFETY LAWS.

Nutritional and allergen information provided on our Website is intended as a general guide only and may vary due to preparation methods, ingredient variations, and supplier changes. Customers with specific dietary needs, allergies, or health conditions are solely responsible for verifying the suitability of our products prior to consumption. Primo Hoagies strongly recommends that individuals with known food allergies inform our staff before ordering.

The FTC Act and applicable consumer protection laws may provide you with certain rights that cannot be disclaimed. Nothing in these Terms shall operate to exclude or limit rights you may have under such applicable consumer protection statutes.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRIMO HOAGIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES;
• DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE OUR WEBSITE OR SERVICES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR TRANSMISSIONS;
• DAMAGES ARISING FROM ANY FOOD PRODUCT BEYOND THE DIRECT PURCHASE PRICE PAID FOR SUCH PRODUCT;
• ANY OTHER MATTER RELATING TO OUR SERVICES;

WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF PRIMO HOAGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN ALL CASES, OUR AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PRIMO HOAGIES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

9. Indemnification

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

• Your use of or access to the Website or Services in violation of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party right, including intellectual property, privacy, or contractual rights;
• Any content, information, or materials you submit, post, or transmit through our Services;
• Any fraudulent, negligent, or willfully wrongful act or omission by you;
• Any dispute between you and any other user or third party arising from your use of the Services;
• Your breach of any representation, warranty, or obligation under these Terms.

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

10. Privacy and Data Protection

Your use of our Website and Services is also governed by our Privacy Policy, which is incorporated herein by reference. Our Privacy Policy describes how we collect, use, store, and protect your personal information, and your rights in connection with that information under applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, as well as the Federal Trade Commission Act (15 U.S.C. § 45) and other applicable federal privacy regulations.

By using our Services, you consent to the collection and use of your personal information as described in our Privacy Policy. If you do not agree with our data practices, please discontinue use of our Website and Services.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Primo Hoagies. These links are provided for your convenience and informational purposes only. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services.

Your access to and use of any third-party websites is governed solely by the terms and conditions of those websites. We encourage you to review the terms of service and privacy policy of any third-party website you visit. Primo Hoagies does not endorse, warrant, or make any representations with respect to the accuracy, completeness, or reliability of any third-party content.

12. Governing Law and Jurisdiction

These Terms of Service shall be governed by, construed, and enforced in accordance with the laws of the United States and the applicable laws of the state in which Primo Hoagies is registered and operates, without regard to any conflicts of law principles that would result in the application of the laws of another jurisdiction.

To the extent permitted by applicable law, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the state or federal courts of competent jurisdiction located in the United States, in the state of Primo Hoagies's principal place of business, and you irrevocably consent to the personal jurisdiction and venue of such courts.

Nothing in this section shall limit Primo Hoagies's right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or to prevent imminent harm.

Applicable federal laws include, but are not limited to, the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.), and other applicable consumer protection and electronic commerce statutes.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services informally by contacting Primo Hoagies at [email protected] and providing a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute is not resolved within that time frame, either party may proceed with formal dispute resolution as set forth below.

13.2 Binding Arbitration

If informal resolution is unsuccessful, you and Primo Hoagies agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (including the determination of the scope or applicability of this agreement to arbitrate) shall be resolved by binding arbitration administered by a recognized arbitration organization in the United States, in accordance with its applicable rules and procedures.

The arbitration shall be conducted in the English language and shall take place in the state of Primo Hoagies's principal place of business, unless otherwise mutually agreed. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 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 in writing, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent imminent irreparable harm, and either party may bring claims in small claims court if the claims qualify under the applicable small claims court rules.

14. Term and Termination

These Terms of Service are effective as of the date you first access our Website or use our Services and shall remain in effect until terminated by either party in accordance with this section.

You may terminate your account and your agreement to these Terms at any time by ceasing all use of the Website and Services and, if applicable, deleting your account or contacting us at [email protected] to request account deletion.

Primo Hoagies reserves the right to suspend, restrict, or terminate your access to the Website and Services, and to cancel any pending orders, immediately and without prior notice if:

• You breach any provision of these Terms;
• You engage in fraudulent, abusive, or illegal activity;
• We are required to do so by applicable law or a governmental authority;
• We determine, in our sole discretion, that continued provision of Services to you is no longer commercially or operationally feasible;
• You fail to pay any amounts owed to us.

Upon termination for any reason, your right to use the Website and Services shall immediately cease. Provisions of these Terms that by their nature should survive termination — including, without limitation, intellectual property rights, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution — shall survive termination of this Agreement.

15. Changes to Terms of Service

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

• Posting the updated Terms on our Website with a revised "Last Updated" date;
• Sending an email notification to registered account holders;
• Displaying a prominent notice on our Website.

It is your responsibility to review these Terms periodically. Your continued use of the Website or Services after the effective date of any revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue your use of the Website and Services immediately.

For changes that we consider material, we will endeavor to provide at least fourteen (14) days' advance notice prior to the changes taking effect, where practicable. Non-material clarifications and updates may be made effective immediately upon posting.

16. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under applicable law by a court or arbitrator of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect or impair the validity, legality, and enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

Any failure by Primo Hoagies to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver shall only be effective if made in writing and signed by an authorized representative of Primo Hoagies. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision of these Terms.

17. Entire Agreement

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

No modification, amendment, or waiver of these Terms shall be effective unless made in writing and signed by an authorized representative of Primo Hoagies. These Terms may not be assigned by you without the prior written consent of Primo Hoagies, but may be freely assigned by Primo Hoagies in connection with a merger, acquisition, corporate restructuring, or sale of assets.

18. Force Majeure

Primo Hoagies shall not be liable for any failure or delay in performance under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, fire, flood, storm, earthquake, pandemic, epidemic, governmental actions, war, terrorism, civil unrest, strikes or labor disputes, supply chain disruptions, utility failures, or internet service interruptions. In such events, Primo Hoagies will make reasonable efforts to resume normal operations as promptly as practicable.

19. Electronic Communications Consent

By creating an account or placing an order with Primo Hoagies, you consent to receive electronic communications from us, including order confirmations, receipts, account notifications, and promotional messages (where you have opted in). You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.).

You may opt out of marketing communications at any time by following the unsubscribe instructions included in our emails or by contacting us at [email protected]. Please note that opting out of marketing communications will not affect the delivery of transactional or account-related communications.

20. Accessibility

Primo Hoagies is committed to ensuring that our Website and Services are accessible to all users, including those with disabilities, in accordance with applicable accessibility standards and the requirements of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience any difficulty accessing our Website due to a disability, please contact us at [email protected] and we will make reasonable efforts to assist you.

21. Contact Information

If you have any questions, concerns, comments, or complaints regarding these Terms of Service, your account, our Services, or any other matter, please contact us using the following information:

We will make every reasonable effort to respond to all inquiries within five (5) to seven (7) business days. For urgent matters related to food safety, allergic reactions, or order emergencies, please contact us immediately via email at [email protected] with the subject line marked "URGENT."