Terms of Service

Effective Date: June 12, 2026  |  Last Updated: June 12, 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"), the operator of the website hoagies-primo.click (the "Website") and related food service operations.

By accessing our Website, creating an account, placing an order, visiting any of our physical locations, using any of our digital ordering platforms, or otherwise engaging with our services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least eighteen (18) years of age, or if you are a minor, you have obtained the consent of a parent or legal guardian who agrees to these Terms on your behalf;
• You have the legal authority and capacity to enter into this Agreement;
• Your use of our services is in compliance with all applicable federal, state, and local laws and regulations.

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

These Terms are governed by the laws of the United States and applicable state law. Our operations are subject to regulations enforced by the Federal Trade Commission ("FTC") under the FTC Act, as well as applicable state consumer protection statutes and food service regulations.

2. Description of Services

Primo Hoagies is a food service company specializing in the preparation and sale of hoagies, sandwiches, and related food and beverage products. Our services include, but are not limited to:

2.1 Food Service Offerings

• In-store dining and walk-in ordering at our physical locations;
• Online ordering through our Website at hoagies-primo.click;
• Takeout and pick-up food services;
• Delivery services, either directly or through authorized third-party delivery partners;
• Catering services for events, parties, corporate gatherings, and other special occasions;
• Gift cards and promotional offers;
• Loyalty programs and rewards (where available).

2.2 Digital Services

• Access to our Website and any associated mobile applications;
• Online account registration and management;
• Digital menus and nutritional information;
• Order tracking and history;
• Customer support and communication services.

We reserve the right to modify, suspend, discontinue, or add to our services or menu offerings at any time, with or without prior notice. Prices, menu items, and availability may vary by location and are subject to change at our sole discretion.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the security and confidentiality of your account credentials;
• Promptly notify us of any unauthorized use of your account or any security breach;
• Use our Website and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws, including food safety regulations and consumer protection laws;
• Treat our staff, delivery personnel, and other users with respect and courtesy;
• Ensure that any delivery address or personal information you provide is accurate and complete;
• Pay all charges associated with your orders and account in a timely and complete manner.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities when using our Website or services:

• Using our Website or services for any fraudulent, deceptive, or unlawful purpose;
• Placing false, fraudulent, or duplicate orders;
• Using automated bots, scripts, scrapers, or other automated tools to access, monitor, or interact with our Website;
• Attempting to gain unauthorized access to our systems, servers, databases, or networks;
• Transmitting viruses, malware, spyware, or any other harmful or malicious code;
• Interfering with or disrupting the integrity, performance, or operation of our Website or services;
• Collecting or harvesting personal information of other users without their consent;
• Impersonating any person or entity, including any Primo Hoagies employee or representative;
• Engaging in any conduct that restricts or inhibits any other person from using or enjoying our services;
• Posting, transmitting, or sharing any content that is defamatory, obscene, offensive, threatening, or otherwise objectionable;
• Circumventing or attempting to circumvent any security measures or access controls;
• Using our services to send unsolicited communications or spam;
• Reproducing, distributing, modifying, or exploiting any content from our Website without express written permission;
• Engaging in any activity that could damage our reputation or brand.

Violation of any of the above-prohibited activities may result in immediate termination of your account, cancellation of pending orders, and may subject you to civil or criminal liability under applicable federal and state law.

4. Account Registration

To access certain features of our Website, including online ordering, order history, and loyalty programs, you may be required to register for an account. When registering, you agree to:

• Provide accurate and complete registration information;
• Keep your account information up to date;
• Maintain the confidentiality of your password and account credentials;
• Accept responsibility for all activities that occur under your account;
• Not share your account credentials with any third party.

We reserve the right to refuse registration, suspend, or terminate any account at our sole discretion, including accounts that we believe have been used in violation of these Terms.

5. Orders, Pricing, and Payment Terms

5.1 Order Placement

All orders placed through our Website or at our physical locations are subject to availability and acceptance by Primo Hoagies. We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to, item unavailability, errors in pricing or product descriptions, suspected fraudulent activity, or inability to process payment.

When you place an order, you will receive an order confirmation via email or through the Website. This confirmation is an acknowledgment that we have received your order, not an acceptance of your order. A contract for the sale of food and related products is formed only upon our acceptance and preparation of your order.

5.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without prior notice. Prices may vary by location. Applicable taxes will be added to the total price of your order at checkout. We strive to ensure pricing accuracy, but in the event of a pricing error, we reserve the right to cancel the affected order and notify you promptly.

5.3 Payment

We accept various forms of payment, including major credit cards, debit cards, and other payment methods as displayed at checkout. By submitting a payment, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information you provide is accurate and complete;
• You will pay all charges incurred by your account, including applicable taxes and fees.

All payment transactions are processed through secure, third-party payment processors. We do not store your full credit card information on our servers. By using our payment services, you also agree to the terms and conditions of the applicable third-party payment processor.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. However, if you experience a problem with your order — such as receiving the incorrect item, or if the food quality does not meet our standards — please contact us immediately using the contact information provided in Section 14. We will review your concern and, at our sole discretion, may offer a replacement, store credit, or refund. Refund and cancellation policies may vary by location and circumstances.

6. Allergen and Nutritional Information

While we make reasonable efforts to provide accurate allergen and nutritional information, we cannot guarantee that our products are free from any specific allergen due to the possibility of cross-contamination in our preparation areas. Nutritional information provided on our Website is approximate and may vary based on preparation method, portion size, and ingredient availability. We strongly encourage customers with serious allergies or dietary restrictions to consult directly with our staff before ordering.

Primo Hoagies shall not be liable for any adverse reactions or health consequences arising from consumption of our products where a customer has failed to disclose relevant allergies or dietary restrictions, or where cross-contamination occurs despite reasonable precautions.

7. Intellectual Property Rights

All content on our Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, menu designs, brand materials, software, and the overall appearance and layout of the Website (collectively, "Content"), is the exclusive property of Primo Hoagies or its content suppliers and is protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and other applicable statutes.

7.1 Trademarks

The Primo Hoagies name, logo, trade dress, and all related product names, designs, and slogans are trademarks or service marks of Primo Hoagies. Unauthorized use of any trademark, service mark, or trade name belonging to Primo Hoagies is strictly prohibited without prior written consent.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and its Content solely for your personal, non-commercial use in connection with ordering our food products and services. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works based on our Content;
• Use any of our trademarks, logos, or brand materials without our express written consent;
• Frame or mirror any portion of our Website on any other website or platform;
• Use data mining, robots, or similar tools to extract data from our Website.

Any unauthorized use of our Content or intellectual property will result in immediate termination of the license granted herein and may subject you to legal action.

7.3 User-Submitted Content

If you submit any reviews, comments, photographs, or other content to our Website or social media pages ("User Content"), you grant Primo Hoagies a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media. You represent and warrant that you own or control all rights to the User Content you submit and that such content does not infringe any third-party rights.

8. Disclaimer of Warranties

To the fullest extent permitted by applicable law, Primo Hoagies expressly disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Any warranty that our Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components;
• Any warranty regarding the accuracy, completeness, reliability, or timeliness of any content on our Website, including menu information, prices, and nutritional data;
• Any warranty regarding the quality, taste, or fitness for consumption of our food products, except as required by applicable food safety laws;
• Any warranty that defects or errors will be corrected.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, our warranties will be limited to the minimum extent permitted by applicable law.

9. Limitation of Liability

To the maximum extent permitted by applicable federal and state law, Primo Hoagies, its officers, directors, employees, agents, licensors, suppliers, 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, data, goodwill, or business opportunities;
• Costs of substitute goods or services;
• Personal injury or property damage not directly caused by our negligence;
• Unauthorized access to or alteration of your data or transmissions;
• Statements or conduct of any third party on our platform;
• Any other matter relating to our services.

The limitations of liability set forth in this section shall apply regardless of the theory of liability (whether in contract, tort, negligence, strict liability, or otherwise) and shall survive termination of these Terms. Some jurisdictions do not permit certain limitations on liability; therefore, some of the above limitations may not apply to you.

10. Indemnification

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

• Your use of or access to our Website or services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party right, including any intellectual property right, privacy right, or proprietary right;
• Any User Content submitted by you;
• Any fraudulent, negligent, or willfully harmful act or omission on your part;
• Any dispute between you and a third party arising from your use of our services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with our defense of such claims. You agree not to settle any such matter without our prior written consent.

11. Third-Party Services and Links

Our Website may contain links to third-party websites, platforms, or services, including delivery aggregators, payment processors, and social media platforms. These links are provided for your convenience only. Primo Hoagies does not endorse, control, or assume any responsibility for the content, privacy practices, or terms of service of any third-party websites or services. Your interactions with third-party services are solely between you and such third parties, and we strongly recommend that you review the terms and privacy policies of any third-party services you use in connection with our Website.

We shall not be liable for any damages or losses arising from your use of any third-party website or service, including third-party delivery platforms that may deliver our food products.

12. Privacy Policy

Your use of our Website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information in accordance with applicable law, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and applicable state privacy laws. For California residents, additional rights may be available under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). Please review our Privacy Policy carefully at hoagies-primo.click.

13. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, your use of our Website, or our services shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state in which Primo Hoagies operates, without regard to any conflict of law principles that would require the application of the law of another jurisdiction.

Any legal action or proceeding arising out of or related to these Terms that is not subject to arbitration (as described in Section 14 below) shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

Our services are intended for use within the United States. We make no representation that our Website or services are appropriate or available for use outside of the United States. If you access our Website from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us in good faith to attempt to resolve any dispute informally. Please send a written description of your dispute to our contact information provided in Section 17. We will attempt to resolve the dispute within thirty (30) days of receiving your written notice. If we are unable to resolve the dispute informally within this period, either party may proceed to formal dispute resolution as described below.

14.2 Binding Arbitration

Except as otherwise expressly provided in these Terms, any dispute, claim, or controversy arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or the use of our Website or services (collectively, "Disputes") that cannot be resolved informally shall be resolved by binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or JAMS, as mutually agreed by the parties, and shall take place in the United States.

The arbitrator shall have the authority to award any relief that would be available in a court of law. The arbitrator's decision shall be final and binding and may be enforced in any court of competent jurisdiction. Each party shall bear their own costs and attorneys' fees unless the arbitrator determines that a party's claim was frivolous or brought in bad faith.

14.3 Class Action Waiver

14.4 Exceptions to Arbitration

Notwithstanding the above, either party may bring an individual action in small claims court for disputes that qualify under applicable small claims court rules. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

15. Term and Termination

15.1 Term

These Terms shall remain in full force and effect for as long as you use our Website or services, or until terminated by either party in accordance with the provisions of this section.

15.2 Termination by You

You may terminate these Terms at any time by ceasing all use of our Website and services and, if applicable, closing your account. To request account closure, please contact us using the information provided in Section 17.

15.3 Termination by Us

We reserve the right to suspend or terminate your access to our Website and services, with or without notice, at any time and for any reason, including but not limited to:

• Your violation of any provision of these Terms;
• Fraudulent, abusive, or illegal activity;
• Conduct that we determine, in our sole discretion, to be harmful to our business, staff, or other customers;
• Extended periods of account inactivity;
• Our decision to discontinue the Website or any related services.

15.4 Effect of Termination

Upon termination of these Terms, your right to access and use our Website and services will immediately cease. Any provisions of these Terms that by their nature should survive termination — including Sections 7 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 13 (Governing Law), 14 (Dispute Resolution), and 16 (Severability) — shall survive the termination of these Terms and continue in full force and effect.

16. Changes to Terms

We reserve the right to modify, update, or revise these Terms 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 our Website at hoagies-primo.click;
• Where required by applicable law, provide you with additional notice (e.g., via email or a prominent notice on our Website).

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

17. Severability

If any provision of these Terms is found to be invalid, illegal, unenforceable, or void by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by the invalidity or unenforceability of any individual provision.

The failure of Primo Hoagies to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if it is in writing and signed by an authorized representative of Primo Hoagies.

18. Entire Agreement

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

In the event of any conflict between these Terms and any other agreement you have with Primo Hoagies, these Terms shall govern unless the other agreement expressly states otherwise.

19. Force Majeure

Primo Hoagies shall not be liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government orders, civil unrest, labor disputes, supply chain disruptions, power outages, or internet failures. In such circumstances, our obligations will be suspended for the duration of the force majeure event, and we will make reasonable efforts to resume normal operations as soon as practicable.

20. Accessibility

Primo Hoagies is committed to making our Website accessible to individuals with disabilities, in accordance with applicable accessibility standards including the Web Content Accessibility Guidelines (WCAG) and Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12181 et seq. If you experience accessibility barriers on our Website, please contact us using the information below so that we may assist you and continue to improve our accessibility practices.

21. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to contact us for any reason related to our services, please reach out to us using the following contact information:

We aim to respond to all inquiries within five (5) business days. For urgent matters related to food safety or order issues, please contact us immediately using the email address above.