Terms of Service

Please read these Terms of Service carefully before using the website primohagiesgo.click or any services offered by Primo Hoagies. By accessing or using our website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the website located at primohagiesgo.click (the "Website") or by placing an order, making a purchase, or otherwise engaging with the food services offered by Primo Hoagies (collectively, the "Services"), you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (the "Agreement") and our Privacy Policy, which is incorporated herein by reference.

This Agreement constitutes a legally binding contract between you and Primo Hoagies ("Company," "we," "us," or "our"). Your continued use of the Website or Services following the posting of any changes to this Agreement shall constitute your acceptance of those changes.

If you are accessing or 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 this Agreement, in which case the terms "you" and "your" shall refer to that entity.

You must be at least eighteen (18) years of age to use our Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years old. If you are under the age of 18, you may only use our Services under the supervision and with the consent of a parent or legal guardian who agrees to be bound by this Agreement.

2. Company Information

The Website and Services are operated by:

3. Description of Services

Primo Hoagies is a food service business that provides the following services through the Website and associated channels:

• Online Food Ordering: Customers may browse our menu and place orders for hoagies, sandwiches, and other food and beverage items online through our Website.
• Pickup and Delivery Services: We offer in-store pickup and, where available, delivery services for orders placed through our Website or other designated ordering platforms.
• Catering Services: We may offer catering services for events, corporate functions, and gatherings. Specific terms and conditions for catering services may be provided separately.
• Promotional Offers and Loyalty Programs: From time to time, we may offer promotional discounts, coupons, or loyalty rewards to eligible customers in accordance with the specific terms of each promotion.
• Informational Content: The Website provides information about our menu items, ingredients, nutritional information (where available), locations, hours of operation, and related food service information.
• Customer Communication: We facilitate communication between customers and our staff for purposes of order confirmation, customer support, and service-related inquiries.

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 the Services.

The availability of certain menu items, ingredients, or services may vary by location, season, or other operational factors. We do not guarantee the continuous availability of any specific menu item or service offering at any given time.

4. User Obligations and Prohibited Activities

4.1 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 communicating with us;
• Maintain the security and confidentiality of any account credentials, passwords, or personal identification numbers associated with your account;
• Promptly notify us of any unauthorized use of your account or any other breach of security;
• Use the Services only for lawful purposes and in accordance with this Agreement;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Services;
• Treat our staff, delivery personnel, and other users with respect and courtesy;
• Accurately represent any dietary restrictions, allergies, or special instructions when placing an order, understanding that we cannot guarantee allergen-free preparation environments;
• Ensure that someone of appropriate age is available to receive deliveries, particularly where age-restricted items may be involved.

4.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities in connection with your use of our Website or Services:

• Fraudulent Conduct: Using false, fraudulent, or misleading information to place orders, obtain refunds, or otherwise deceive Primo Hoagies or its personnel;
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, networks, or databases, or interfering with the security features of the Website;
• Automated Data Collection: Using bots, scrapers, crawlers, or other automated tools to collect data from the Website without our prior written consent;
• Intellectual Property Infringement: Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website or Services without our express written permission;
• Harassment and Abuse: Engaging in harassment, threatening, abusive, or discriminatory conduct toward our employees, contractors, or other customers;
• Spam and Unsolicited Communications: Sending unsolicited commercial communications or using our contact information to send spam or bulk messaging;
• Malicious Code: Uploading, transmitting, or distributing any viruses, malware, ransomware, spyware, or other harmful code through the Website;
• Order Manipulation: Placing fraudulent orders, repeatedly placing and canceling orders without legitimate reason, or exploiting promotional offers in a manner inconsistent with their intended purpose;
• Impersonation: Impersonating another person, entity, or Primo Hoagies employee, or misrepresenting your affiliation with any person or entity;
• Illegal Activities: Using our Services to facilitate any illegal activity, including but not limited to money laundering, fraud, or violations of any applicable law or regulation.

We reserve the right to terminate or suspend your access to the Services immediately and without notice if we determine, in our sole discretion, that you have violated any of the prohibitions set forth in this Section.

5. Intellectual Property Rights

All content, materials, and features available on the Website and through the Services, including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, data compilations, software, and the overall design and compilation of such content (collectively, "Intellectual Property"), are the exclusive property of Primo Hoagies or its licensors and are protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable statutes and regulations.

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 obtaining our food services. This license does not include the right to:

• Reproduce, modify, or create derivative works based on the Website or its content;
• Commercially exploit the Website or any content therein;
• Download or copy account information for the benefit of another party;
• Use data mining, robots, or similar data gathering and extraction tools;
• Frame or mirror any portion of the Website without our express written consent.

The Primo Hoagies name, logo, trade dress, and all related marks, product names, company names, slogans, and other identifiers are trademarks and service marks of Primo Hoagies or its affiliates. You may not use such marks without our prior written permission. Unauthorized use of any of our trademarks or service marks may violate federal and state trademark laws.

If you believe that any content on our Website infringes your copyright or other intellectual property rights, please notify us at [email protected] with sufficient detail to allow us to investigate your claim.

6. Payment Terms

6.1 Pricing and Payment

All prices for menu items and services displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes, delivery fees, service charges, or gratuities, which will be calculated and disclosed at checkout prior to order confirmation.

We accept the following payment methods (subject to availability): major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as designated on the Website from time to time. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order, including all applicable taxes and fees.

6.2 Order Confirmation

An order is not confirmed until you receive an order confirmation from us via email or on-screen notification. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to situations where pricing errors occur, items are unavailable, or we suspect fraudulent activity.

6.3 Refunds and Cancellations

Our refund and cancellation policy is as follows:

• Orders may be canceled within a limited window after placement, as specified during the ordering process. Once food preparation has begun, cancellations may not be possible.
• Refunds for unsatisfactory food quality, incorrect orders, or other service issues will be handled on a case-by-case basis. Please contact us at [email protected] within a reasonable time after receipt of your order to report any issues.
• We reserve the right to issue refunds in the form of store credits, replacement orders, or monetary refunds to the original payment method, at our sole discretion.
• Promotional credits, coupons, and loyalty rewards are non-refundable and have no cash value unless otherwise specified.

6.4 Taxes

You are responsible for all applicable sales taxes, use taxes, and other governmental charges associated with your purchase. We will collect applicable taxes as required by law and remit them to the appropriate tax authorities.

7. Food Safety, Allergen, and Nutritional Disclaimers

Primo Hoagies takes food safety seriously and strives to maintain the highest standards in food preparation and handling. However, you acknowledge and agree to the following:

• Allergen Information: Our food products may contain or come into contact with common allergens, including but not limited to wheat, gluten, dairy, eggs, soy, tree nuts, peanuts, fish, and shellfish. We cannot guarantee that any menu item is completely free of allergens, as our kitchen facilities may handle multiple allergens. Customers with severe food allergies are strongly encouraged to contact us directly before placing an order.
• Nutritional Information: Any nutritional information provided on our Website is approximate and intended for general informational purposes only. Actual nutritional content may vary based on preparation methods, ingredient variations, and portion sizes.
• Customization: While we strive to accommodate customer requests for ingredient substitutions or omissions, we cannot guarantee that all customization requests can be fulfilled or that cross-contamination will not occur.
• Food Storage: Once food is delivered or picked up, the customer assumes responsibility for proper food storage and handling. We are not responsible for any illness or adverse effects resulting from improper storage or handling of food after delivery or pickup.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE LAWS OF THE UNITED STATES AND THE APPLICABLE STATE IN WHICH YOU RESIDE OR TRANSACT BUSINESS, 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 DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• Your use or inability to use the Website or Services;
• Any errors, omissions, interruptions, or delays in the operation of the Website;
• Any unauthorized access to or alteration of your transmissions or data;
• Any food-related issues, including allergic reactions, illness, or injury arising from the consumption of our products, except to the extent caused by our gross negligence or willful misconduct;
• Any third-party conduct, content, services, or products;
• Any failure of delivery services or delays attributable to third-party delivery providers.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PRIMO HOAGIES IN THE THREE (3) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in their entirety. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

9. Disclaimers — "As-Is" Basis

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, 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 REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION PROVIDED ON THE WEBSITE;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS FOR YOUR PARTICULAR DIETARY NEEDS OR HEALTH CONDITIONS.

We do not warrant or guarantee that the Website will meet your requirements, that access to the Website will be continuous or uninterrupted, or that defects will be corrected. Any reliance you place on information provided through the Website is strictly at your own risk.

10. Indemnification

You agree to defend, indemnify, and hold harmless Primo Hoagies, its affiliates, officers, directors, employees, agents, licensors, service providers, and their respective successors and assigns (collectively, the "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 violation of this Agreement or any applicable law or regulation;
• Your use of the Website or Services in a manner not expressly authorized by this Agreement;
• Your violation of any third-party rights, including but not limited to intellectual property rights or privacy rights;
• Any fraudulent, negligent, or willful misconduct by you or anyone acting on your behalf;
• Any content or information you submit, post, or transmit through the Website;
• Your misrepresentation of any information provided to us, including dietary restrictions, allergies, or account information.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses. You shall not settle any claim or action subject to this indemnification obligation without our prior written consent.

11. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which Primo Hoagies operates, without regard to any conflict of law provisions that would require the application of the laws of a different jurisdiction.

To the extent that any dispute is not subject to arbitration as set forth in Section 12 below, you agree to submit to the exclusive personal jurisdiction of the federal and state courts located within the United States, and you waive any objection to the laying of venue of any such proceeding in such courts.

Federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), may also apply to transactions conducted through our Website. If you are a resident of California, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) may provide you with additional rights regarding your personal information, as described in our Privacy Policy.

Nothing in this Agreement shall limit your rights as a consumer under applicable mandatory consumer protection laws in your state of residence.

12. Dispute Resolution

12.1 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 this Agreement or the Services by contacting us directly at [email protected]. We will make good-faith efforts to resolve any complaint or concern within thirty (30) days of receipt of written notice. Many customer concerns can be resolved quickly and to mutual satisfaction through direct communication.

12.2 Binding Arbitration

If a dispute cannot be resolved informally within thirty (30) days, you and Primo Hoagies agree to resolve any and all disputes, claims, or controversies arising out of or related to this Agreement or the Services exclusively through binding arbitration, rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

Arbitration shall be conducted by a recognized arbitration organization under its then-current applicable rules and procedures. The arbitration shall take place in the United States, in a location mutually agreed upon by the parties, or via remote proceedings where permitted. The arbitrator shall have the authority to award any relief that a court of competent jurisdiction could award, including injunctive or declaratory relief, but only on an individual basis.

12.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 ACTION. Unless both you and Primo Hoagies agree otherwise, no arbitrator may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction, and either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

13. Term and Termination

13.1 Term

This Agreement commences on the date you first access the Website or use the Services and continues in full force and effect until terminated in accordance with the provisions of this Section.

13.2 Termination by You

You may terminate this Agreement at any time by ceasing to use the Website and Services and, if applicable, by closing your account. Please note that outstanding obligations, including payment for orders placed prior to termination, shall survive termination of this Agreement.

13.3 Termination by Us

We reserve the right to suspend or terminate your access to the Website and Services at any time, with or without cause, and with or without notice, in our sole discretion. Grounds for termination may include, without limitation:

• Violation of any provision of this Agreement;
• Engaging in fraudulent, abusive, or illegal activity;
• Conduct that we determine, in our sole discretion, to be harmful to other customers, our employees, or the reputation of Primo Hoagies;
• Failure to pay amounts owed to us for services rendered.

13.4 Effect of Termination

Upon termination of this Agreement for any reason, your right to access and use the Website and Services shall immediately cease. The following provisions shall survive termination: Sections 5 (Intellectual Property Rights), 8 (Limitation of Liability), 9 (Disclaimers), 10 (Indemnification), 11 (Governing Law and Jurisdiction), 12 (Dispute Resolution), and any other provisions that by their nature should survive termination.

14. Changes to Terms

We reserve the right to modify, amend, or update this Agreement at any time in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. For material changes, we may also provide additional notice, such as by sending an email notification to the address associated with your account or by posting a prominent notice on the Website.

Your continued use of the Website or Services after any modification to this Agreement becomes effective constitutes your acceptance of the revised Agreement. If you do not agree to the modified Agreement, you must immediately cease using the Website and Services.

We encourage you to review this Agreement periodically to stay informed about our terms and conditions. The most current version of this Agreement will always be available at primohagiesgo.click.

15. Third-Party Links and Services

The Website may contain links to third-party websites, platforms, or services (such as third-party delivery platforms, payment processors, or social media platforms) that are not owned or controlled by Primo Hoagies. 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.

We do not endorse or make any representations about third-party websites or the information, products, or services they offer. Your use of any third-party website or service is entirely at your own risk and subject to the terms and conditions of that third party. We strongly encourage you to review the terms and privacy policies of any third-party websites you visit.

16. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using our Website and Services, you consent to the collection and use of your personal information as described in our Privacy Policy.

To the extent applicable, we comply with the requirements of the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, and all other applicable state and federal privacy laws. If you have questions about our privacy practices, please contact us at [email protected].

17. Force Majeure

Primo Hoagies shall not be liable for any delay or failure to perform its obligations under this Agreement to the extent such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, strikes or labor disputes, supply chain disruptions, power outages, internet or telecommunications failures, acts of terrorism, or civil unrest.

In the event of a force majeure event, we will make commercially reasonable efforts to resume normal operations as soon as practicable and to notify affected customers of delays or service interruptions.

18. Electronic Communications

By using our Website or Services, you consent to receive communications from us electronically, including by email or by posting notices 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.

You may opt out of receiving certain non-transactional communications from us by following the unsubscribe instructions included in our communications or by contacting us at [email protected]. Please note that even if you opt out of marketing communications, we may still send you transactional communications related to your orders and account.

19. No Waiver

The failure of Primo Hoagies to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of Primo Hoagies. No waiver of any breach or default of this Agreement shall be deemed a waiver of any subsequent breach or default of the same or similar nature.

20. Entire Agreement

This Agreement, together with our Privacy Policy and any additional terms and conditions applicable to specific services or promotions, constitutes the entire agreement between you and Primo Hoagies with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, discussions, agreements, understandings, representations, and warranties, both written and oral, between the parties with respect to such subject matter.

21. Severability

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if it cannot be so modified, it shall be severed from this Agreement, and the remaining provisions of this Agreement shall continue in full force and effect.

The invalidity or unenforceability of any particular provision of this Agreement in any jurisdiction shall not affect the validity or enforceability of any other provision of this Agreement in that jurisdiction, nor shall it affect the validity or enforceability of any provision of this Agreement in any other jurisdiction.

The parties agree that any invalid, illegal, or unenforceable provision shall be replaced by a valid provision that most closely approximates the intent and economic effect of the replaced provision.

22. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under this Agreement, in whole or in part, without our prior written consent. Any purported assignment without such consent shall be null and void. We may freely assign this Agreement or any of our rights or obligations hereunder without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

23. Headings

The headings and titles used in this Agreement are for convenience of reference only and shall not affect the interpretation or construction of this Agreement. References to "including" or "includes" in this Agreement shall be deemed to be followed by the phrase "without limitation."

24. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, or if you wish to report a violation of these Terms, please do not hesitate to contact us using the information below. We are committed to addressing your inquiries in a timely and professional manner.