Terms of Service

Effective Date: June 13, 2026  |  Last Updated: June 13, 2026

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and Primo Hoagies ("Company," "we," "us," or "our"), governing your access to and use of the website primohoagies-eat.digital, as well as any related services, features, content, or applications offered by the Company (collectively, the "Services").

By accessing the Site, creating an account, placing an order, subscribing to any newsletter or promotional communications, or otherwise interacting with our digital platforms, you confirm that:

• You are at least 18 years of age, or are at least 13 years of age and have obtained verifiable parental or guardian consent;
• You have the legal capacity and authority to enter into binding agreements under applicable United States law;
• You will comply fully with these Terms and all applicable local, state, and federal laws and regulations;
• The information you provide to us is accurate, current, and complete.

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

We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. Continued use of the Site following the posting of revised Terms constitutes your acceptance of such changes. It is your responsibility to check this page periodically for updates.

2. Description of Services

Primo Hoagies operates as an online food service platform, providing customers with the ability to browse our menu offerings, place online food orders for delivery or pickup, access nutritional and allergen information, and engage with promotional offers, loyalty programs, and catering inquiries through the Site.

Our Services may include, but are not limited to:

• Online Ordering: Customers may place orders for hoagies, sandwiches, sides, beverages, and other food and beverage items made available through the Site at any given time.
• Delivery and Pickup Services: Depending on your location and availability, we may offer in-store pickup, curbside pickup, or delivery through our own drivers or third-party delivery partners.
• Catering Services: We may offer bulk or catering orders for events, corporate gatherings, and private occasions, subject to separate terms and availability.
• Loyalty and Rewards Programs: We may offer loyalty point systems, promotional discounts, or reward programs, each subject to their own specific terms and conditions.
• Nutritional and Allergen Information: We endeavor to provide accurate nutritional and allergen information, though we cannot guarantee that menu items are entirely free of specific allergens due to the nature of food preparation environments.
• Account Management: Users may create accounts to manage orders, store payment information, track order history, and access exclusive offers.
• Customer Support: We provide customer support through email and other available channels to assist with orders, inquiries, and complaints.

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

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Site and Services, you agree to:

• Provide accurate, truthful, and complete information when registering an account or placing an order;
• Maintain the confidentiality of your account credentials and immediately notify us of any unauthorized access or security breach;
• Use the Site solely for lawful purposes and in a manner consistent with all applicable federal, state, and local laws;
• Comply with all applicable health, food safety, and consumer protection laws when placing food orders;
• Ensure that the recipient of any food delivery is of legal age if the order contains age-restricted items;
• Promptly pay for all orders placed through the Site in accordance with our payment terms.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities while using the Site or Services:

• Using the Site for any fraudulent, deceptive, or unlawful purpose, including but not limited to submitting false orders, chargebacks, or fraudulent payment information;
• Engaging in any activity that disrupts, damages, or interferes with the functioning of the Site, its servers, networks, or infrastructure;
• Attempting to gain unauthorized access to any portion of the Site, other users' accounts, or our internal systems through hacking, password mining, or any other means;
• Using any automated tools, scripts, bots, scrapers, crawlers, or similar mechanisms to collect data from the Site without our express written consent;
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Site or its content for commercial purposes without authorization;
• Uploading, transmitting, or distributing any viruses, malware, spyware, or other harmful code;
• Engaging in any conduct that harasses, threatens, or intimidates other users, employees, or representatives of the Company;
• Posting or transmitting any content that is defamatory, obscene, pornographic, hateful, discriminatory, or otherwise objectionable;
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
• Circumventing any technological measures designed to protect the Site or control access to the Services;
• Violating any applicable local, state, federal, or international law or regulation in connection with your use of the Site.

Any violation of these prohibitions may result in immediate termination of your account and access to the Services, and may expose you to civil and/or criminal liability under applicable law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.).

4. Intellectual Property Rights

All content, materials, features, and functionality available on or through the Site, including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, data compilations, software, and the overall design and layout (collectively, "Content"), 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.), trademark law, trade dress rights, and other proprietary rights.

The Primo Hoagies name, logo, trade dress, and all related marks, slogans, and commercial identifiers are trademarks or service marks of the Company. You are strictly prohibited from using any of these marks without our express prior written consent.

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 Site solely for your personal, non-commercial use to order food and interact with our Services. This license does not include:

• The right to download, copy, or reproduce any portion of the Site for commercial purposes;
• The right to modify, create derivative works from, or adapt any portion of the Content;
• The right to distribute, publicly display, or publicly perform any Content;
• The right to reverse engineer, decompile, or disassemble any software or technology used in connection with the Site.

If you submit feedback, reviews, suggestions, or other communications to us regarding the Site or our products ("User Content"), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant this license.

5. Online Ordering and Payment Terms

5.1 Order Placement and Acceptance

All orders placed through the Site are subject to availability and our acceptance. Placing an order constitutes an offer to purchase, and a contract is formed only when we confirm acceptance of your order via email or on-screen confirmation. We reserve the right to refuse, cancel, or limit any order at any time for any reason, including but not limited to product unavailability, errors in pricing, or suspected fraudulent activity.

5.2 Pricing and Taxes

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales tax, delivery fees, or service charges, which will be calculated and disclosed to you at checkout before you confirm your order. You are responsible for paying all applicable federal, state, and local taxes associated with your purchase.

5.3 Payment Methods

We accept payment through the methods listed on the Site at the time of your order, which may include major credit cards, debit cards, and third-party payment processors. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the full amount of your order to that payment method.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. If you have a concern regarding your order — including issues of incorrect items, missing items, or food quality — you must contact us within a reasonable time of receiving your order by emailing [email protected]. We will review each situation on a case-by-case basis and may, at our sole discretion, offer a refund, replacement, or credit.

5.5 Promotional Offers and Coupons

Promotional codes, discount coupons, and special offers are subject to their own terms and conditions and may be withdrawn or modified at any time. Unless expressly stated, promotions cannot be combined with other offers and are limited to one per customer per transaction.

6. Food Allergens and Dietary Information

Primo Hoagies makes reasonable efforts to provide accurate allergen and nutritional information on the Site. However, our food products are prepared in facilities that may handle common allergens including wheat, dairy, eggs, soy, peanuts, tree nuts, fish, and shellfish. We cannot guarantee that any menu item is completely free of any specific allergen due to the risk of cross-contamination during food preparation.

7. Disclaimers and "As-Is" Basis

THE SITE AND ALL 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 PERMITTED BY 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 SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION ON THE SITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
• WARRANTIES REGARDING THE QUALITY, TASTE, OR SUITABILITY OF ANY FOOD PRODUCT FOR YOUR PARTICULAR DIETARY NEEDS.

Nothing on the Site constitutes professional dietary, nutritional, medical, or health advice. You should consult with a qualified healthcare professional regarding any dietary restrictions, allergies, or health conditions before consuming our products.

We do not warrant or represent that any specific menu item will be available at the time of your order. Product availability is subject to change without notice.

8. Limitation of Liability

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

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE;
• ANY CONTENT OBTAINED FROM THE SITE;
• ANY DAMAGE CAUSED BY DELAY, DELIVERY FAILURE, OR ERRORS IN FOOD ORDERS.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS WHERE LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES ARE NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IN ALL CASES, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT 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).

9. Indemnification

You agree to defend, indemnify, and hold harmless Primo Hoagies, its parent company, subsidiaries, affiliates, officers, directors, shareholders, employees, contractors, agents, licensors, service providers, and successors (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees and court costs) arising from or related to:

• Your use of or access to the Site or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property right, privacy right, or consumer protection right;
• Any User Content you submit, post, or transmit through the Site;
• Your provision of false, inaccurate, or misleading information in connection with your account or any order;
• Any negligent or wrongful conduct by you in connection with the use of the Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without our prior written consent.

10. Privacy Policy

Your use of the Site 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 compliance with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) (Cal. Civ. Code § 1798.100 et seq.) where applicable, and the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) with respect to unfair or deceptive practices in commerce.

By using the Site, you acknowledge and consent to the data practices described in our Privacy Policy. If you do not agree with our Privacy Policy, please discontinue use of the Site immediately.

11. Third-Party Links and Services

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

We strongly advise you to review the terms of service and privacy policy of any third-party website you visit. Your use of any third-party website is at your own risk and subject to the terms and conditions of that website.

Where we engage third-party delivery partners to fulfill your order, such delivery services are governed by the terms and conditions of the applicable third-party provider. We are not responsible for delays, errors, or failures caused by third-party delivery services.

12. Governing Law and Jurisdiction

These Terms of Service shall be governed by, construed, and enforced in accordance with the laws of the United States of America and the laws of the state in which Primo Hoagies is incorporated or primarily operates, without regard to its conflict of law provisions or your actual state or country of residence.

To the extent that any dispute is not subject to mandatory arbitration as described in Section 13 below, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located within the United States for resolution of any such dispute, and you waive any objection to such courts on the basis of improper venue, inconvenient forum, or lack of jurisdiction.

These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG), the application of which is expressly excluded.

Compliance with applicable federal consumer protection laws enforced by the Federal Trade Commission (FTC) is an integral part of our operational standards. Nothing in these Terms shall be construed to waive any rights you may have under applicable federal or state consumer protection statutes.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services by contacting us directly at [email protected] and providing a written description of the dispute, the specific relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receipt of such notice.

13.2 Binding Arbitration

If the parties cannot resolve a dispute through informal means within thirty (30) days, you and Primo Hoagies agree that any dispute, claim, or controversy arising out of or relating to these Terms, the breach thereof, or your use of the Services shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, rather than in a court of law, except as provided in Section 13.4 below.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of these Terms is void or voidable. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND PRIMO HOAGIES EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU AND PRIMO HOAGIES EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights. Small claims court actions within applicable monetary limits are also excluded from mandatory arbitration.

13.5 Arbitration Fees

The payment of arbitration fees shall be governed by the AAA's Consumer Arbitration Rules. If you cannot afford to pay the arbitration filing fee, we may consider, in our sole discretion, advancing your portion of the filing fees.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use or access the Site or Services. We reserve the right, in our sole discretion and without notice or liability, to:

• Deny or restrict access to the Site or Services to any person at any time;
• Suspend or terminate your account if we reasonably believe you have violated any provision of these Terms;
• Suspend or terminate your account for fraud, abuse, or violation of applicable law;
• Discontinue all or part of the Services at any time with or without notice.

Upon termination of your account or access to the Services:

• Your license to use the Site and Services shall immediately terminate;
• Any pending or unfulfilled orders may be cancelled at our discretion;
• You will no longer have access to your account data, order history, or loyalty points.

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, indemnification, limitations of liability, dispute resolution, and governing law.

15. Changes to Terms

We reserve the right to modify, update, or replace these Terms of Service 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 the Site;
• Where appropriate and feasible, notify registered users via email or a prominent notice on the Site.

Changes to these Terms are effective as of the date they are posted to the Site. Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Site and Services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. Your ongoing use of the Site following notice of changes will constitute your binding acceptance of those changes.

16. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, unenforceable, or in conflict with any applicable law or regulation, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect as if the invalid or unenforceable provision had never been part of this agreement.

The parties intend that any such provision be modified or construed in a manner that reflects the original intent of the parties as closely as possible consistent with applicable law.

17. Entire Agreement and Waiver

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

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

18. Force Majeure

Primo Hoagies shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that 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, war, terrorism, labor disputes, supply chain disruptions, power outages, internet or telecommunications failures, or any other event constituting force majeure under applicable law.

19. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any attempted assignment without such consent shall be null and void. We may freely assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

20. Children's Use

The Site and Services are not directed to children under the age of 13. We do not knowingly collect personal information from children under 13 without verifiable parental consent, in compliance with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq. If you are a parent or guardian and believe that your child has provided us with personal information without your consent, please contact us immediately at [email protected] and we will take steps to remove such information.

21. Accessibility

Primo Hoagies is committed to making its digital platforms accessible to all users, including individuals with disabilities, in compliance with applicable accessibility standards and the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience any accessibility barriers on our Site, please contact us at [email protected] so that we may assist you.

22. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service or your use of the Services, please contact us using the information provided below: