Terms of Service

Please read these Terms of Service carefully before using the website located at food-primohoagies.click (the "Website") or any services offered by Primo Hoagies ("we," "us," "our," or the "Company"). These Terms of Service constitute a legally binding agreement between you and Primo Hoagies.

1. Acceptance of Terms

By accessing, browsing, or using this Website, placing an order, creating an account, or otherwise engaging with any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Service in their entirety, you must immediately cease using this Website and all associated services.

Your continued use of the Website following the posting of any changes to these Terms of Service constitutes your acceptance of those changes. These Terms of Service apply to all users of the Website, including without limitation browsers, customers, merchants, and contributors of content.

If you are using this Website on behalf of an organization, business, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service, in which case the terms "you" and "your" shall refer to such entity. If you do not have such authority, you must not accept these Terms of Service and may not use the services.

You must be at least eighteen (18) years of age to use this Website or to place any orders. By using this Website, you represent and warrant that you are at least 18 years of age and possess the legal right and ability to enter into a binding agreement.

2. Description of Services

Primo Hoagies is a food service company that offers customers the ability to browse our menu, place online food orders, schedule pickup or delivery, and engage with promotional and informational content related to our food offerings. Our services include, but are not limited to, the following:

• Online Menu Browsing: Users may view our current food and beverage menu items, including descriptions, ingredients, pricing, and nutritional information where available.
• Online Ordering: Users may place orders for food and beverages for pickup or delivery through our Website or third-party delivery platforms integrated with our services.
• Account Creation and Management: Users may create a personal account to save preferences, manage order history, and access loyalty programs or promotional offers.
• Catering Services: We may offer catering services for events, corporate functions, or group orders, subject to availability and advance notice requirements.
• Promotional Offers and Loyalty Programs: From time to time, we may offer discounts, promotional codes, loyalty points, or other incentives to users of this Website.
• Customer Support: We provide customer service assistance via email and other communication channels to address inquiries, complaints, or requests related to our food and services.

All services are subject to availability. Primo Hoagies reserves the right to modify, suspend, or discontinue any aspect of its services at any time, with or without notice, and without liability to you or any third party.

Menu items, pricing, availability, and operating hours are subject to change without notice. Certain items may be limited in availability based on location, season, or supply constraints. We do not guarantee the availability of any particular menu item at any given time.

3. User Obligations and Prohibited Activities

By using this Website and our services, you agree to comply with all applicable local, state, and federal laws and regulations. You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit anyone else's use and enjoyment of the Website.

3.1 User Obligations

As a user of this Website, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the security and confidentiality of your account credentials and not share your password with any third party.
• Promptly notify us of any unauthorized use of your account or any other breach of security.
• Update your account information promptly if any information changes.
• Comply with all instructions, guidelines, and notices provided on this Website.
• Pay all applicable charges, fees, and taxes associated with your use of our services.
• Use the Website only for personal, non-commercial purposes unless you have obtained our prior written consent for commercial use.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Website for any unlawful purpose or in violation of any local, state, federal, or international laws or regulations.
• Attempting to gain unauthorized access to any portion of the Website, any other systems or networks connected to the Website, or any of our servers.
• Using any automated means, robots, spiders, scrapers, or similar data-gathering or extraction tools to access, query, or copy any portion of the Website without our prior written consent.
• Transmitting any viruses, malware, Trojan horses, worms, or any other disruptive, harmful, or destructive code or program.
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Website.
• Posting, transmitting, or sharing any content that is false, misleading, defamatory, obscene, offensive, or otherwise objectionable.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity.
• Collecting or harvesting any personally identifiable information from the Website without authorization.
• Using our services to place fraudulent orders, chargebacks, or engage in any form of payment fraud.
• Attempting to reverse engineer, decompile, disassemble, or derive the source code of any software underlying the Website.
• Interfering with or disrupting the integrity or performance of the Website or the data contained therein.
• Reproducing, duplicating, copying, selling, or reselling any portion of the Website or its content for commercial purposes without our express written consent.
• Violating any applicable food safety laws, consumer protection laws, or health regulations in connection with your use of our services.

Primo Hoagies reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates these prohibitions, including without limitation, removing the offending content, suspending or terminating the account of such violators, and reporting them to law enforcement authorities.

4. Intellectual Property Rights

All content published and made available on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation of all such content (collectively, the "Content"), is the property of Primo Hoagies or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

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

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use this Website and its Content solely for your personal, non-commercial use in connection with the services offered by Primo Hoagies. This license does not include:

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

Any unauthorized use of the Content or the Website terminates the permission or license granted by Primo Hoagies. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our express prior written consent.

If you believe that any content on this Website infringes upon your intellectual property rights, please contact us immediately at [email protected] with full details of the claimed infringement.

5. Payment Terms

When you place an order through our Website, you agree to pay all charges associated with your order, including the price of the food items, applicable taxes, service fees, delivery fees (if applicable), and any other charges disclosed at the time of purchase.

5.1 Pricing

All prices listed on the Website are in United States Dollars (USD) and are subject to change without notice. We reserve the right to correct any pricing errors or inaccuracies on the Website, even if you have already submitted your order. In the event of a pricing error, we will notify you and provide you with the option to either proceed with the corrected price or cancel your order.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed on the Website at the time of checkout. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order, including all applicable fees and taxes.

5.3 Taxes

You are responsible for paying all applicable federal, state, and local taxes, duties, and levies associated with your purchases. Sales tax will be calculated and collected in accordance with applicable state and local tax laws.

5.4 Refunds and Cancellations

All sales are final unless the order was incorrect, incomplete, or the food item was defective or unsafe for consumption. If you have a concern about your order, you must contact us within twenty-four (24) hours of receiving or picking up your order. Refunds, if approved, will be issued to the original payment method used at the time of purchase. We reserve the right to issue store credit in lieu of a monetary refund at our discretion.

Orders may be cancelled prior to preparation. Once food preparation has begun, cancellations may not be possible. Please contact us as soon as possible if you need to cancel an order.

6. Disclaimer of Warranties

THIS WEBSITE AND ALL CONTENT, SERVICES, PRODUCTS, AND OTHER MATERIALS AVAILABLE THROUGH THIS WEBSITE 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, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Primo Hoagies does not warrant that:

• The Website will be available, uninterrupted, timely, secure, or error-free.
• The results obtained from use of the Website will be accurate or reliable.
• The quality of any products, services, information, or other material obtained through the Website will meet your expectations.
• Any errors in the Website will be corrected.
• The Website or the servers that make it available are free of viruses or other harmful components.

No advice or information, whether oral or written, obtained from Primo Hoagies or through the Website shall create any warranty not expressly stated in these Terms of Service. Any reliance you place on the information and materials provided on this Website is strictly at your own risk.

We make reasonable efforts to ensure that all food items are prepared safely and in accordance with applicable food safety regulations. However, we cannot guarantee that our food items are free from allergens or that cross-contamination will not occur during the preparation process. If you have food allergies or dietary restrictions, you are responsible for inquiring about ingredients and potential allergens before placing your order.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRIMO HOAGIES, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of, or inability to access or use, the Website or any services;
• Any conduct or content of any third party on or related to the Website;
• Any food items ordered through the Website, including any adverse reactions, illness, or injury;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any errors, inaccuracies, or omissions in any content on the Website;
• Any interruption or cessation of transmission to or from the Website;
• Any bugs, viruses, Trojan horses, or the like transmitted through the Website.

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

The limitations of liability set forth in this section shall apply regardless of the form of action, whether based in contract, tort (including negligence), strict liability, or any other legal or equitable theory, even if we have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

8. Indemnification

You agree to defend, indemnify, and hold harmless Primo Hoagies and its affiliates, officers, directors, employees, agents, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service or any applicable law or regulation;
• Your use or misuse of the Website or any of our services;
• Your violation of any third-party rights, including without limitation any intellectual property rights, privacy rights, or publicity rights;
• Any content you submit, post, transmit, or make available through the Website;
• Any fraudulent, negligent, or willful misconduct on your part;
• Your violation of any food safety protocols, health regulations, or public safety standards in connection with your use of our services;
• Any dispute between you and a third party related to your use of our services.

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

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the state in which Primo Hoagies is registered and operating, without regard to its conflict of law provisions.

You agree that any legal action or proceeding between you and Primo Hoagies arising out of or related to these Terms of Service or your use of the Website shall be brought exclusively in the federal or state courts located within the applicable jurisdiction of Primo Hoagies' principal place of business. You hereby irrevocably consent to the personal jurisdiction of and venue in such courts and waive any objection that such courts are an inconvenient forum.

Our services are governed by applicable United States federal and state laws, including but not limited to:

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Primo Hoagies directly at [email protected] to attempt to resolve any dispute informally. Both parties agree to negotiate in good faith to resolve the matter within thirty (30) days of notification. If the dispute cannot be resolved informally within this period, either party may proceed with formal dispute resolution as described below.

10.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND PRIMO HOAGIES AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE BREACH THEREOF, OR YOUR USE OF OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES.

The arbitration shall be conducted in the English language and shall take place in the state and county where Primo Hoagies maintains its principal place of business, or, at your election, via telephone, video conference, or written submissions. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND PRIMO HOAGIES EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND PRIMO HOAGIES EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, 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 intellectual property rights or confidential information.

11. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use the Website or any of our services. Primo Hoagies reserves the right, in its sole discretion, to:

• Terminate or suspend your access to the Website and all or any part of our services, with or without cause, with or without notice, effective immediately.
• Delete your account and all associated data, in accordance with our Privacy Policy.
• Refuse service to any person or entity at any time, for any reason, subject to applicable law.

Grounds for termination include, but are not limited to, breach of these Terms of Service, fraudulent activity, abusive behavior toward our staff or other customers, or any conduct that we determine, in our sole discretion, to be harmful to our business, reputation, or other users.

Upon termination, your right to use the Website and our services will immediately cease. All provisions of these Terms of Service that by their nature should survive termination shall survive, including without limitation, intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations that arose prior to the termination, including payment obligations.

12. Changes to Terms of Service

Primo Hoagies reserves the right to modify, update, or revise these Terms of Service at any time and for any reason, in our sole discretion. When we make material changes to these Terms of Service, we will:

• Update the "Last Updated" date at the top of this page.
• Where required by applicable law, provide you with notice of the changes via email or a prominent notice on our Website.
• Where the changes are material, provide you with at least thirty (30) days' advance notice before the revised terms take effect.

Your continued use of the Website and our services following the posting of revised Terms of Service means that you accept and agree to the changes. We encourage you to review these Terms of Service periodically to stay informed of any updates.

If you do not agree to the revised Terms of Service, you must stop using the Website and our services immediately. If the changes materially affect your rights and you disagree with the changes, you may terminate your account by contacting us before the revised terms take effect.

13. Third-Party Links and Services

This Website may contain links to third-party websites, services, or platforms, including third-party food delivery services, payment processors, and social media platforms. These links are provided for your convenience only. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Your use of any third-party website or service is subject to that party's own terms of service and privacy policy. We encourage you to review those terms before using any third-party service. Primo Hoagies does not endorse, recommend, or make any representations about third-party websites, services, or content.

14. Allergen and Dietary Information

Primo Hoagies makes reasonable efforts to provide accurate allergen and nutritional information for our menu items. However, all menu items may contain or come into contact with common allergens, including but not limited to gluten, dairy, eggs, tree nuts, peanuts, soy, fish, and shellfish. Cross-contamination may occur in our kitchen facilities.

We strongly encourage customers with food allergies, dietary restrictions, or specific dietary needs to contact us directly before placing an order. We cannot guarantee that any menu item is completely free from any specific allergen. Primo Hoagies shall not be liable for any adverse reactions or health consequences arising from a failure to disclose or inquire about allergen information.

15. Privacy Policy

Your use of this Website is also governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information. We comply with applicable federal and state privacy laws, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act with respect to unfair or deceptive practices.

By using our Website and services, you consent to our collection and use of your personal information as described in our Privacy Policy. We encourage you to review our Privacy Policy carefully before using our Website.

16. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be illegal, invalid, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, it shall be severed from these Terms of Service. The illegality, invalidity, or unenforceability of any particular provision shall not affect the validity or enforceability of any other provision, and all remaining provisions shall continue in full force and effect.

The failure of Primo Hoagies to enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision. A waiver of any default shall not constitute a waiver of any subsequent default.

17. Entire Agreement

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

No amendment to these Terms of Service shall be effective unless made in writing and signed by an authorized representative of Primo Hoagies. Any purported oral modification of these Terms of Service shall be of no force or effect.

18. Force Majeure

Primo Hoagies shall not be liable for any failure or delay in performing its obligations under these Terms of Service 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, fire, flood, earthquake, pandemic, epidemic, government restrictions, strikes, labor disputes, war, terrorism, supply chain disruptions, or failures of third-party service providers.

In the event of a force majeure event, we will notify you as soon as reasonably practicable and will make reasonable efforts to minimize the impact of such events on our services. If a force majeure event continues for a prolonged period, either party may terminate the affected service without liability to the other party.

19. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, your rights under applicable law, or your use of our services, please do not hesitate to contact us. We are committed to addressing your concerns promptly and professionally.

We will make every effort to respond to your inquiry within three (3) to five (5) business days. For urgent matters relating to food safety or health concerns, please contact your local emergency services or health authority immediately.