Terms of Service

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

1. Acceptance of Terms

Welcome to Primo Hoagies. 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 primohoagiesnew.rest (the "Website") and all related services, content, features, and functionality offered through the Website (collectively, the "Services").

By visiting, browsing, registering an account, placing an order, or otherwise using our Website or Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using our Services on behalf of an organization, business, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

These Terms apply to all visitors, users, customers, and others who access or use the Website. If you do not agree to these Terms in their entirety, you are expressly prohibited from using the Website and Services and you must discontinue use immediately.

We reserve the right to update, modify, or replace any part of these Terms at any time, and your continued use of the Website following the posting of changes constitutes your acceptance of those changes. It is your responsibility to check these Terms periodically for updates.

2. Description of Services

Primo Hoagies is a food service business specializing in hoagies, sandwiches, and related food and beverage products. Through our Website, we offer the following services and features:

• Online Menu Browsing: Customers may view our full menu of food items, specialty hoagies, sandwiches, sides, beverages, and seasonal offerings.
• Online Ordering: Customers may place orders for pickup or delivery through the Website, subject to availability and operating hours.
• Account Registration: Users may create a personal account to manage orders, save preferences, track order history, and receive personalized promotions.
• Loyalty and Rewards Programs: We may offer rewards, promotions, discounts, or loyalty programs accessible through the Website, subject to separate program terms.
• Customer Support: Users may contact our customer support team through the Website for assistance with orders, inquiries, or feedback.
• Nutritional and Allergen Information: We endeavor to provide accurate nutritional and allergen information for our menu items, though this information is subject to change.
• Gift Cards and Promotions: Where available, customers may purchase or redeem gift cards and promotional offers through the Website.
• Catering Services: We may offer catering options for larger groups, events, or corporate needs, subject to separate catering terms and conditions.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

Availability of certain menu items, ordering options, and features may vary by location, time, and operational circumstances. We do not guarantee that any particular item will be available at any given time.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Website and Services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or contacting us.
• Maintain the security and confidentiality of your account credentials and immediately notify us of any unauthorized use of your account.
• Use the Website and Services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable local, state, federal, and international laws and regulations in connection with your use of the Website.
• Be at least 18 years of age, or the age of majority in your jurisdiction, to create an account or place orders independently. Minors may use the Website only with the supervision and consent of a parent or legal guardian.
• Promptly review and verify your order details before submission to ensure accuracy.
• Pay for all orders and services in full at the time of purchase, unless otherwise specified.

3.2 Prohibited Activities

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

• Using the Website for any fraudulent, deceptive, or unlawful purpose, including submitting false orders, fraudulent payment information, or false personal data.
• Attempting to gain unauthorized access to any portion of the Website, server, network, or system connected to the Website.
• Using automated systems, bots, scrapers, crawlers, or similar technologies to access, collect, or copy content from the Website without our prior written consent.
• Transmitting any viruses, malware, spyware, or other harmful code through the Website.
• Engaging in any activity that disrupts, interferes with, or places an unreasonable burden on our Website infrastructure or servers.
• Impersonating any person, business, or entity, including our employees, representatives, or other users.
• Collecting or harvesting any personally identifiable information from the Website, including account names or email addresses, without authorization.
• Using the Website to send unsolicited commercial communications (spam) to any person.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website or Services for commercial purposes without our express written permission.
• Submitting false or misleading reviews, ratings, or feedback about our products or services.
• Engaging in any conduct that restricts or inhibits any other user's use or enjoyment of the Website.
• Attempting to reverse engineer, decompile, disassemble, or otherwise derive source code from any software used on or in connection with the Website.
• Violating any applicable local, state, federal, or international law or regulation.
• Engaging in any activity that may expose Primo Hoagies or its affiliates to legal liability or reputational harm.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of the prohibited activities listed above, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

4. Account Registration and Security

To access certain features of the Website, including online ordering and loyalty programs, you may be required to create an account. When registering, you agree to provide truthful, accurate, and complete information and to keep such information up to date.

You are solely responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. You agree to notify us immediately at [email protected] if you become aware 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 accounts, remove content, or cancel orders at our sole discretion.

5. Ordering, Payment Terms, and Refunds

5.1 Online Orders

When you place an order through our Website, you are making an offer to purchase the selected items at the listed prices. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our discretion, including but not limited to orders that appear to be placed fraudulently, contain errors, or cannot be fulfilled due to product unavailability.

Prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Applicable taxes, fees, and delivery charges (where applicable) will be disclosed at checkout before you complete your order.

5.2 Payment

Payment for online orders is required at the time of order placement. We accept major credit cards, debit cards, and other payment methods as indicated during the checkout process. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the applicable amounts.

All payments are processed through secure, third-party payment processors. We do not store full credit card numbers on our servers. Your payment information is handled in accordance with Payment Card Industry Data Security Standards (PCI-DSS).

5.3 Cancellations and Refunds

Due to the perishable nature of our food products, all sales are generally final once an order has been accepted and preparation has commenced. If you need to modify or cancel an order, please contact us as soon as possible at [email protected]. Cancellation requests may not be accommodated once food preparation has begun.

If you receive an incorrect order or experience a quality issue, please contact us immediately. We will review complaints on a case-by-case basis and may, at our sole discretion, offer a replacement, store credit, or refund where appropriate. Refunds, if approved, will be processed to the original payment method within a reasonable timeframe.

5.4 Promotional Offers and Discounts

Promotional codes, coupons, and discounts are subject to specific terms and conditions associated with each offer. Promotions may not be combined unless expressly stated otherwise. We reserve the right to modify or discontinue any promotion at any time without prior notice.

6. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, menu designs, trade dress, trademarks, service marks, and trade names (collectively, "Content"), is the exclusive property of Primo Hoagies or its content suppliers and is protected by United States copyright law, trademark law, and other applicable intellectual property laws and international conventions.

The trademarks, service marks, and logos of Primo Hoagies displayed on the Website are registered and unregistered marks of Primo Hoagies. Nothing on the Website shall be construed as granting any license or right to use any trademark displayed on the Website without our prior written permission.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with placing orders and using our Services. This license does not include:

• Any resale or commercial use of the Website or its Content;
• Any collection and use of product listings, descriptions, or prices;
• Any derivative use of the Website or its Content;
• Any downloading, copying, or other 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 our Content or intellectual property is strictly prohibited and may violate copyright laws, trademark laws, and other laws. Such unauthorized use may result in civil or criminal liability. We actively enforce our intellectual property rights to the fullest extent permitted by law.

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.

7. Food Safety, Allergen Information, and Nutritional Disclaimers

We take food safety seriously and strive to prepare our products in accordance with all applicable federal, state, and local food safety regulations, including those enforced by the U.S. Food and Drug Administration (FDA) and applicable state health departments.

While we endeavor to provide accurate allergen and nutritional information on our Website and menu materials, we cannot guarantee that our food products are free from any particular allergen. Our kitchen facilities handle common allergens including but not limited to wheat, dairy, eggs, peanuts, tree nuts, soy, fish, and shellfish. Cross-contamination may occur during food preparation.

Nutritional information provided on the Website is estimated based on standard recipes and may vary depending on ingredient availability, portion sizes, preparation methods, and customizations. Such information is provided for general reference only and should not be used as a substitute for professional nutritional advice.

8. 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. 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 or make any representations regarding the accuracy, reliability, or legality of any third-party content.

Your use of third-party websites is entirely at your own risk and subject to the terms and conditions of those websites. We strongly advise you to review the terms and privacy policies of any third-party websites you visit.

Our inclusion of any link to a third-party website does not imply our endorsement, sponsorship, or recommendation of that website or any content, product, or service available on it.

9. Disclaimer of Warranties

THE WEBSITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED BY PRIMO HOAGIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

PRIMO HOAGIES EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, 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 FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT, MENU INFORMATION, PRICING, OR NUTRITIONAL DATA ON THE WEBSITE;
• WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED;
• WARRANTIES THAT THE WEBSITE OR SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

Some jurisdictions do not allow the exclusion of certain 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.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND APPLICABLE STATE CONSUMER PROTECTION LAWS, PRIMO HOAGIES, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, AND SUCCESSORS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES;
• DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR PERSONAL INFORMATION;
• DAMAGES ARISING FROM ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• DAMAGES ARISING FROM ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE;
• DAMAGES ARISING FROM ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION ON THE WEBSITE;
• ANY FOOD-RELATED ILLNESS OR ALLERGIC REACTION ARISING FROM CONSUMPTION OF OUR PRODUCTS WHERE ALLERGEN INFORMATION WAS MADE REASONABLY AVAILABLE.

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

The limitations of liability in this section shall apply whether or not Primo Hoagies has been advised of the possibility of such damages and regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise).

11. Indemnification

You agree to defend, indemnify, hold harmless, and reimburse Primo Hoagies and its officers, directors, owners, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, penalties, fines, and expenses (including but not limited to attorneys' fees and court costs) arising out of or related to:

• Your use of and access to the Website or Services;
• Your violation of any of these Terms of Service;
• Your violation of any applicable law, regulation, rule, or ordinance;
• Your violation of any third-party rights, including without limitation any intellectual property, privacy, or proprietary rights;
• Any content you submit, post, or transmit through the Website;
• Your provision of inaccurate, false, or misleading information in connection with your use of the Website or Services;
• Any fraud or misrepresentation you commit in connection with orders or payments.

We reserve 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 claims. You shall not settle any such claim without our prior written consent.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) 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.

Federal consumer protection laws, including the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45, may apply to certain aspects of our Services and these Terms. To the extent California residents access our Services, their rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) shall be respected, as further described in our Privacy Policy.

You agree that any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the appropriate federal or state courts of competent jurisdiction in the United States, and you hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such proceeding in such courts.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact us at [email protected] and provide a written description of the dispute, your contact information, and the relief sought. We agree to use good faith efforts to resolve disputes informally within thirty (30) days of receiving notice. If we are unable to resolve the dispute informally within this period, either party may pursue formal dispute resolution as described below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. Except for claims that qualify for small claims court, you and Primo Hoagies agree that any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof, shall be settled by binding arbitration administered in the United States in accordance with the rules of the American Arbitration Association (AAA), rather than in court.

The arbitration shall be conducted on an individual basis. YOU AND PRIMO HOAGIES EACH WAIVE ANY RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

The arbitrator shall have the authority to award the same damages and relief as a court could award, consistent with these Terms. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency equitable relief in court to maintain the status quo pending arbitration, and either party may bring claims in small claims court if the claims qualify and remain in small claims court.

13.4 Time Limitation on Claims

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, SERVICES, OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

14. Term and Termination

These Terms shall remain in full force and effect while you use the Website or Services. You may terminate your relationship with us at any time by discontinuing use of the Website and, if applicable, deleting your account.

We reserve the right, in our sole discretion, to suspend or terminate your access to the Website and Services, with or without notice, for any reason, including but not limited to:

• Your breach or violation of any provision of these Terms;
• Your engagement in any prohibited activity as described in Section 3;
• Requests by law enforcement or government agencies;
• Unexpected technical or security issues;
• Extended periods of inactivity;
• Non-payment or fraudulent payment activity;
• Our decision to discontinue the Website or Services.

Upon termination, your right to access and use the Website and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

We shall not be liable to you or any third party for any termination of your access to the Website or Services.

15. Changes to Terms of Service

We reserve the right to modify, update, revise, or replace these Terms of Service at any time in our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and may, at our discretion, provide additional notice such as an on-site notification or email communication to registered users.

Your continued use of the Website or Services after the posting of revised Terms constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes. If you do not agree to the modified Terms, you must stop using the Website and Services immediately.

We may also modify our Services, including the addition, removal, or alteration of features, menu items, pricing, ordering options, and any other aspect of the Website, at any time without notice and without liability to you.

16. Privacy Policy

Your use of the 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, store, disclose, and protect your personal information. By using our Website and Services, you consent to the practices described in our Privacy Policy.

For users who are residents of California, we comply with the requirements of the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) regarding the collection and use of personal information. For additional information about your privacy rights, please refer to our full Privacy Policy.

17. Electronic Communications and Notices

By using our Website and Services, you consent to receive electronic communications from us, including emails, text messages (if you have opted in to SMS communications), and notices posted on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Any notice required or permitted under these Terms shall be deemed delivered: (a) when personally delivered; (b) one (1) business day after being sent via overnight courier; (c) three (3) business days after being sent by U.S. certified mail, return receipt requested; or (d) immediately upon being sent via email to the address provided by either party.

18. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or void for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms of Service, and the remaining provisions of these Terms shall continue in full force and effect.

The invalidity or unenforceability of any particular provision of these Terms in any jurisdiction shall not affect the validity or enforceability of any other provision of these Terms in that jurisdiction, nor shall the invalidity of that provision in one jurisdiction affect its validity or enforceability in any other jurisdiction.

No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of Primo Hoagies. No waiver of any provision shall be construed as a further or continuing waiver of such provision or any other provision of these Terms.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or guidelines 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. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and Services.

No oral or written information or advice provided by Primo Hoagies or its agents shall create any warranty or in any way increase the scope of our obligations under these Terms. You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms at our sole discretion.

20. Force Majeure

Primo Hoagies shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government orders or restrictions, civil unrest, labor disputes, supply chain disruptions, power failures, telecommunications failures, fire, flood, or acts of war or terrorism. In such events, our obligations will be suspended for the duration of the force majeure event, and we will use commercially reasonable efforts to resume Services as soon as practicable.

21. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you need to report a violation or contact us for any other reason, please reach out to us using the following contact information:

We strive to respond to all inquiries within two (2) to five (5) business days. For urgent matters related to food safety, order issues, or account security, please indicate the urgency in your email subject line.