Terms of Service

Effective Date: June 6, 2026  |  Last Updated: June 6, 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 located at primohoagies-eat.rest (the "Website"), as well as all related services, content, features, and functionality offered by Primo Hoagies (collectively, the "Services").

By accessing the Website, placing an order, creating an account, or otherwise engaging with our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. Your continued use of our Website or Services following the posting of any modifications to these Terms constitutes your acceptance of such modifications.

These Terms apply to all visitors, users, registered customers, and all others who access or use the Services. If you are using the Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such case, "you" and "your" shall refer to that entity.

You must be at least 18 years of age to use our Services, or at least the age of majority in your jurisdiction, whichever is older. By using the Services, you represent and warrant that you meet this age requirement. We do not knowingly collect personal information from individuals under the age of 13. If we become aware that a minor has provided personal information without parental consent, we will take steps to remove that information from our systems.

2. Description of Services

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

• Online Ordering: The ability to browse our menu, select items, customize orders, and submit orders for pickup or delivery through our Website.
• Menu Information: Access to current and updated information regarding our food offerings, including ingredients, pricing, allergen information, and nutritional data to the extent available.
• Catering Services: The ability to inquire about and arrange catering orders for events, corporate functions, and gatherings.
• Account Management: The ability to create and manage a user account for a more personalized experience, including saved preferences, order history, and loyalty rewards where applicable.
• Promotional Content: Access to special offers, discounts, coupons, and promotional materials available from time to time.
• Customer Support: Communication channels through which you may contact us with questions, concerns, feedback, or requests related to our products and Services.
• Location Information: Information about Primo Hoagies locations, hours of operation, contact details, and other location-specific information.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services. Menu items, prices, and availability are subject to change without prior notice.

Primo Hoagies makes no guarantee regarding the availability of any specific menu item at any given time or location. Availability may vary by location and is subject to supply chain conditions, seasonal factors, and operational considerations.

3. User Accounts and Registration

Certain features of our Website may require you to register for an account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.

We reserve the right to terminate or suspend any account at our sole discretion, including, but not limited to, accounts that we determine have violated these Terms, engaged in fraudulent activity, or otherwise acted in a manner inconsistent with the spirit and purpose of our Services.

4. User Obligations and Prohibited Activities

By using our Services, you agree to use the Website and Services only for lawful purposes and in accordance with these Terms. You represent and warrant that you will comply with all applicable local, state, and federal laws and regulations in the United States in connection with your use of the Services.

4.1 General User Obligations

You agree to:

• Provide accurate and truthful information when placing orders, creating accounts, or communicating with us.
• Use the Website and Services only for personal, non-commercial purposes unless expressly authorized by us in writing.
• Pay all applicable fees and charges associated with orders you place through our Website.
• Comply with all applicable laws and regulations when using our Services.
• Treat our employees, delivery personnel, and other customers with respect and courtesy.
• Review and understand any allergen or dietary information provided before placing an order, and notify us of any dietary restrictions or allergies.

4.2 Prohibited Activities

You are expressly prohibited from engaging in any of the following activities:

• Using the Website or Services for any unlawful purpose, or in violation of any applicable local, state, or federal laws or regulations.
• Attempting to gain unauthorized access to any portion of our Website, servers, networks, or other systems connected to our Services.
• Transmitting any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.
• Using any robot, spider, crawler, scraper, or other automated means to access the Website or collect data without our express written permission.
• Engaging in any activity that interferes with or disrupts the Website, its servers, or connected networks.
• Posting or transmitting any content that is false, misleading, defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable.
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity.
• Attempting to circumvent any security or authentication measures on the Website.
• Placing fraudulent orders or using stolen, unauthorized, or fraudulent payment methods.
• Using the Services to engage in any form of deceptive trade practices prohibited under the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) or any applicable state consumer protection statutes.
• Reverse-engineering, decompiling, or disassembling any software or technology underlying the Website or Services.
• Collecting or harvesting any personally identifiable information from other users of the Website without their consent.
• Engaging in any conduct that could damage, disable, overburden, or impair the Website or interfere with any other user's enjoyment of the Services.
• Using the Website or Services in any manner that violates the Children's Online Privacy Protection Act (COPPA) or any other applicable laws regarding minors.

Violation of any of the above prohibitions may result in immediate termination of your access to the Services, and may be reported to appropriate law enforcement authorities. We reserve all rights and remedies available to us under applicable law.

5. Ordering, Payment, and Pricing

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected items at the listed price. Your order is not confirmed until you receive a confirmation notification from us. We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to, product unavailability, pricing errors, or suspected fraudulent activity.

5.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices may vary by location. Sales tax will be applied to orders as required by applicable state and local tax laws. You are responsible for paying all applicable taxes associated with your purchases.

In the event of a pricing error on our Website, we reserve the right to cancel orders placed at the erroneous price and issue a full refund for any amounts charged.

5.3 Payment Methods

We accept various forms of payment as indicated on the Website at the time of your order. By submitting payment information, you represent that you are authorized to use the payment method provided and authorize us to charge the applicable amount to that payment method.

We use third-party payment processors to facilitate transactions. Your payment information is subject to the terms and privacy policies of those third-party processors. We do not store complete credit card information on our servers.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you experience a problem with your order, please contact us at [email protected] within 24 hours of receipt. We will evaluate each situation on a case-by-case basis and, at our sole discretion, may offer a refund, credit, or replacement.

6. Intellectual Property Rights

The Website and all of its contents, features, and functionality — including, but not limited to, text, graphics, images, logos, trademarks, service marks, trade dress, photographs, audio, video, software, and the design, selection, and arrangement thereof — are owned by Primo Hoagies, its licensors, or other providers of such material, and are protected by United States copyright, trademark, patent, trade secret, and other applicable intellectual property or proprietary rights laws.

The "Primo Hoagies" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Primo Hoagies or its affiliates. You must not use such marks without the prior written permission of Primo Hoagies. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

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

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

Any unauthorized use of the intellectual property of Primo Hoagies is strictly prohibited and may violate applicable copyright laws (including 17 U.S.C. § 101 et seq.), trademark laws, and other applicable laws, and may result in civil and/or criminal penalties.

If you believe that your intellectual property rights have been infringed upon by content on our Website, please contact us at [email protected] with details of the alleged infringement, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

7. Food Safety, Allergen Information, and Disclaimers

Primo Hoagies takes food safety seriously and endeavors to prepare all food products in accordance with applicable food safety regulations, including standards set forth by the U.S. Food and Drug Administration (FDA) and applicable state and local health codes.

However, please be advised of the following important information:

Nutritional information provided on our Website is based on standard recipes and may vary due to ingredient substitutions, regional ingredient differences, portion sizes, and preparation methods. This information is provided for general guidance only and should not be relied upon as a substitute for professional medical or nutritional advice.

8. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY 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 ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE WEBSITE.

We do not warrant that the Website will meet your requirements or that any errors or defects will be corrected. We expressly disclaim any responsibility for any harm resulting from your use of or inability to use the Website or Services.

Any reliance you place on information obtained from or through our Website is strictly at your own risk. We encourage you to verify any critical information through other sources and to contact us directly with any questions.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRIMO HOAGIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL.
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES.
• ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES.
• ANY CONTENT OBTAINED FROM THE SERVICES.

WHETHER BASED ON WARRANTY, 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 MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PRIMO HOAGIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO PRIMO HOAGIES IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some states do not allow certain limitations on implied warranties or the exclusion or limitation of certain types of damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

10. Indemnification

You agree to defend, indemnify, and hold harmless Primo Hoagies and its respective officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, 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.
• Your violation of these Terms.
• Your violation of any applicable law, regulation, or the rights of any third party, including any intellectual property rights, privacy rights, or consumer protection laws.
• Any content or materials you submit, post, transmit, or otherwise make available through the Services.
• Your negligence, willful misconduct, or fraudulent activity.
• Any dispute between you and any third party, including any delivery service, payment processor, or other third party.

We reserve the right, at our expense, to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims. You may not settle any such claim without our prior written consent. Your obligations under this section shall survive the termination of your account and these Terms.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Primo Hoagies. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these third parties or their websites.

You acknowledge and agree that Primo Hoagies shall not be liable for any damage or loss caused by or in connection with your reliance on any goods, services, or content available through any third-party websites. We encourage you to read the terms and privacy policies of any third-party websites you visit.

Our Website may integrate with third-party delivery platforms, payment processors, or social media platforms. Your use of those third-party services is governed by their respective terms of service and privacy policies, not by these Terms.

12. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy carefully to understand our practices.

To the extent you are a resident of California, your privacy rights are further governed by the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq. For more information about your California privacy rights, please refer to our Privacy Policy.

We implement reasonable technical and organizational measures to protect your personal information. However, no method of transmission over the internet or method of electronic storage is completely secure, and we cannot guarantee absolute security.

13. Governing Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Website, or the Services shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to conflict of law principles.

Any legal action or proceeding arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the federal and state courts located in the United States. You consent to personal jurisdiction in such courts and waive any objection to venue in such courts.

We acknowledge that federal laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and other applicable federal and state consumer protection statutes may apply to your use of our Services.

If you are accessing the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Services are intended for users located in the United States.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, we encourage you to contact us directly to attempt to resolve the dispute informally. Please send a written description of your dispute to [email protected]. We will make a good faith effort to resolve the dispute within thirty (30) days of receipt of your notice.

14.2 Binding Arbitration

If informal resolution is unsuccessful, 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 determined by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and Consumer Arbitration Rules, as applicable.

The arbitration shall be conducted by a single neutral arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The seat of arbitration shall be in the United States.

The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could award, including attorney's fees and costs where authorized by law. The arbitrator's award shall be final and binding on the parties.

14.3 Class Action Waiver

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights. Small claims court proceedings are also exempt from the arbitration requirement, provided the matter qualifies for small claims court under applicable law.

14.5 Time Limitation

Any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, otherwise it is permanently barred, except where prohibited by applicable law.

15. Term and Termination

These Terms shall remain in full force and effect while you use the Website or Services. We reserve the right, in our sole discretion, to:

• Terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice.
• Refuse service to any person or entity for any reason, to the extent permitted by applicable law.
• Remove or edit content that violates these Terms or that we find objectionable.

You may terminate your account at any time by contacting us at [email protected]. Upon termination, your right to use the Services will immediately cease.

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

16. Changes to Terms

We reserve the right, at our sole discretion, to modify, revise, update, or replace these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page. In some cases, we may provide you with additional notice of material changes, such as by sending an email to the address associated with your account or by displaying a prominent notice on our Website.

Your continued use of the Website or Services after any such modifications constitutes your acknowledgment of the modified Terms and agreement to abide and be bound by the modified Terms. If you do not agree to the revised Terms, you must stop using the Website and Services immediately.

We encourage you to periodically review these Terms to stay informed of any updates. It is your responsibility to check for changes to these Terms on a regular basis.

17. Severability

If any provision of these Terms is held by a court of competent jurisdiction or an arbitrator to be illegal, invalid, unenforceable, or void under applicable law, such provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

The failure of Primo Hoagies to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Entire Agreement

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

No oral or written information or advice given by Primo Hoagies, its employees, representatives, or agents shall create a warranty or modify these Terms unless expressly agreed to in writing by an authorized representative of Primo Hoagies.

19. Force Majeure

Primo Hoagies shall not be liable for any failure or delay in 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 actions, supply chain disruptions, labor disputes, acts of war or terrorism, power outages, or internet service disruptions. In such events, we will use commercially reasonable efforts to resume normal operations as quickly as practicable.

20. Accessibility

Primo Hoagies is committed to making our Website accessible to individuals with disabilities in accordance with applicable law, including the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you have difficulty accessing any part of our Website or need assistance, please contact us at the information provided below, and we will make reasonable efforts to accommodate your needs.

21. Electronic Communications

By using our Website or Services, you consent to receiving electronic communications from us, including emails, text messages, and notifications posted to the Website. These communications may relate to your account, orders, promotional offers, and other matters related to the Services. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

If you have opted in to receive marketing communications from us, you may opt out at any time by following the unsubscribe instructions contained in any such communication or by contacting us directly.

22. Contact Information

If you have any questions, concerns, or inquiries 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 will make reasonable efforts to respond to all inquiries within a reasonable timeframe. For order-related issues, please have your order confirmation number available when contacting us.