Terms of Service

Please read these Terms of Service carefully before using the website primohoagies-cafe.click or any services offered by Primo Hoagies. By accessing or using our website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must discontinue use of our website and services immediately.

1. Acceptance of Terms

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

By visiting, browsing, or using our Website in any manner, you represent and warrant that:

• You are at least eighteen (18) years of age or the age of majority in your jurisdiction;
• You have the legal capacity to enter into a binding agreement;
• You are not barred from receiving services under applicable law;
• You agree to comply with these Terms and all applicable local, state, and federal laws and regulations of the United States.

If you are using the Website on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, and all references to "you" shall apply to both you and that entity.

Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes. It is your responsibility to review these Terms periodically.

2. Description of Services

Primo Hoagies is a food service business that provides customers with access to fresh, high-quality hoagies, sandwiches, and related food and beverage products. Our Services include, but are not limited to:

• Online Ordering: Customers may browse our menu and place orders for pickup or delivery through our Website;
• Menu Information: We provide detailed information regarding our food offerings, including ingredients, customization options, pricing, and nutritional guidance;
• Customer Account Services: Users may create accounts to manage their orders, preferences, and loyalty rewards (where applicable);
• Promotional Offers: From time to time, we may offer discounts, coupons, special promotions, or loyalty programs accessible via the Website;
• Contact and Support: Customers may reach our team for inquiries, complaints, or feedback regarding their orders or experience;
• Catering Services: We may offer catering options for events, offices, or group orders as further described on the Website.

We reserve the right, at our sole discretion, to modify, suspend, or discontinue any portion 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.

All food items are subject to availability. Menu offerings, pricing, and availability may vary by location and are subject to change without prior notice. Images of food products displayed on the Website are for illustrative purposes only and may not exactly represent the final product served.

3. User Accounts and Registration

To access certain features of our Website, including placing online orders or managing preferences, you may be required to create a user account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate and complete;
• Maintain the security and confidentiality of your account credentials, including your password;
• Accept responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] if you suspect unauthorized use of your account or any other breach of security.

We reserve the right to terminate or suspend accounts that we determine, in our sole discretion, have violated these Terms or engaged in fraudulent, abusive, or otherwise unacceptable activity. You may not create multiple accounts for deceptive purposes or transfer your account to another person without our written consent.

4. User Obligations and Prohibited Activities

As a user of our Website and Services, you agree to use them only for lawful purposes and in a manner consistent with these Terms and all applicable laws. You acknowledge that you are solely responsible for your conduct while using the Website.

4.1 General Obligations

You agree to:

• Provide truthful and accurate information in all communications with us;
• Use the Website only for its intended purpose of accessing food services;
• Comply with all applicable federal, state, and local laws, including those of the United States;
• Respect the rights of other users and third parties.

4.2 Prohibited Activities

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

• Using the Website for any unlawful, fraudulent, or unauthorized purpose;
• Submitting false, misleading, or fraudulent orders or information;
• Attempting to gain unauthorized access to any portion of the Website, other user accounts, or our servers or systems;
• Introducing viruses, malware, ransomware, Trojan horses, worms, or any other harmful or destructive code to the Website or our systems;
• Using automated scripts, bots, scrapers, crawlers, or similar tools to collect data from the Website without our express written permission;
• Engaging in any activity that disrupts, damages, or impairs the functionality or performance of the Website or servers;
• Impersonating any person or entity, including any employee or representative of Primo Hoagies;
• Collecting or harvesting personal data of other users without their consent;
• Posting, transmitting, or distributing any defamatory, obscene, offensive, or otherwise objectionable content through the Website;
• Circumventing or manipulating pricing, promotional codes, or discount systems in ways not authorized by us;
• Engaging in any activity that violates the Federal Trade Commission Act (FTC Act) or any applicable consumer protection laws;
• Reselling our Services or food products obtained through the Website without our express written authorization.

Violation of any prohibited activity may result in immediate termination of your account, banning from our Services, and may expose you to civil or criminal liability under applicable law.

5. Ordering, Payment, and Pricing

5.1 Placing Orders

When you place an order through our Website, you are making an offer to purchase the selected food items at the stated prices and conditions. We reserve the right to accept or decline any order at our sole discretion. An order is confirmed only when you receive a written or electronic confirmation from us.

All orders are subject to availability. In the event that an item you have ordered is unavailable, we will notify you and provide a refund or offer an alternative, as appropriate.

5.2 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are inclusive of applicable taxes unless otherwise stated. Prices are subject to change at any time without prior notice. Any applicable sales taxes, delivery fees, or service charges will be disclosed at the time of checkout.

We make every effort to ensure pricing accuracy on our Website; however, in the event of a pricing error, we reserve the right to cancel orders placed at incorrect prices and will notify affected customers promptly.

5.3 Payment Methods

We accept various payment methods as indicated on the Website at the time of checkout, which may include major credit cards, debit cards, and other electronic payment platforms. By providing payment information, you represent and warrant that you are authorized to use the selected payment method and that the information provided is accurate.

All payment transactions are processed through secure third-party payment processors. We do not store your full credit card information on our servers. You agree to pay all charges incurred in connection with your orders, including applicable taxes and fees.

5.4 Refunds and Cancellations

Due to the perishable nature of our food products, all sales are generally final once an order has been confirmed and preparation has commenced. If you wish to cancel an order, you must contact us immediately at [email protected]. Cancellations may only be accommodated before food preparation has begun. Refunds, where applicable, will be processed within a reasonable time in accordance with our Refund Policy, available on the Website.

In cases where incorrect items were delivered, or where a product poses a food safety concern, please contact us promptly so we may address the issue appropriately.

6. Intellectual Property Rights

All content, materials, and features available on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, photographs, menus, recipes, and software ("Content"), are the exclusive property of Primo Hoagies or its respective licensors and are protected by United States copyright law, trademark law, trade dress law, and other applicable intellectual property laws and international treaties.

6.1 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for personal, non-commercial purposes related to placing orders and obtaining information about our Services. This license does not include the right to:

• Reproduce, distribute, or publicly display any Content without our prior written consent;
• Modify, adapt, translate, or create derivative works based on the Content;
• Use the Content for commercial purposes or for the benefit of any third party;
• Remove any copyright, trademark, or other proprietary notices from any Content;
• Use any automated means to access or collect Content from the Website.

6.2 Trademarks

The name "Primo Hoagies," our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Primo Hoagies or its affiliates. You may 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.

6.3 User-Submitted Content

If you submit any reviews, feedback, suggestions, or other content to us through the Website or any of our digital channels, you grant us a perpetual, irrevocable, royalty-free, worldwide, non-exclusive license to use, reproduce, modify, publish, and distribute such content in any medium for any purpose related to our business operations, without any obligation of compensation or attribution to you.

7. Food Safety, Allergens, and Dietary Information

Primo Hoagies takes food safety seriously and strives to provide accurate information regarding ingredients, allergens, and dietary content on our Website and in our locations. However, we cannot guarantee that our food products are free from allergens or cross-contamination, as our products are prepared in facilities that handle various ingredients, including common allergens such as wheat, dairy, eggs, peanuts, tree nuts, soy, fish, and shellfish.

If you have any food allergies, dietary restrictions, or specific health requirements, you are strongly encouraged to inform our staff when placing your order and to consult with a qualified medical or nutritional professional before consuming our products. We shall not be liable for any adverse reactions or health consequences resulting from your failure to disclose relevant dietary information or from your consumption of our products.

Nutritional information provided on our Website is approximate and may vary based on customizations, ingredient availability, and preparation methods. We encourage customers to verify nutritional information independently if precision is critical for their health requirements.

8. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications that are not owned or controlled by Primo Hoagies. These links are provided solely for your convenience and do not imply endorsement, sponsorship, or any affiliation with the linked third-party sites or their operators.

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 encourage you to review the terms and privacy policies of any third-party sites you visit. Your use of third-party sites and services is entirely at your own risk, and we shall not be liable for any damages or losses arising from your use of such third-party sites or services.

This includes but is not limited to third-party delivery platforms, payment processors, and social media platforms through which we may conduct business or communicate with customers.

9. Disclaimers and Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRIMO HOAGIES EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some states do not allow the exclusion of implied warranties. Therefore, some of the above exclusions may not apply to you, and you may have additional rights that vary by state.

We do not warrant that the results obtained from using our Services will meet your expectations, or that the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations.

10. Limitation of Liability

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

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES;
• DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• DAMAGES ARISING FROM ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;
• DAMAGES ARISING FROM ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED THROUGH THE WEBSITE BY ANY THIRD PARTY;
• DAMAGES ARISING FROM ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FROM ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE;

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.

TO THE EXTENT NOT PROHIBITED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING 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).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Primo Hoagies, its officers, directors, employees, agents, licensors, contractors, and service providers 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 and access to the Website or Services;
• Your violation of any provision of these Terms;
• Your violation of any third-party right, including without limitation any intellectual property, privacy, or proprietary right;
• Your violation of any applicable law, regulation, or governmental requirement of the United States or any state thereof;
• Any content submitted or transmitted by you through the Website;
• Any fraudulent, negligent, or harmful conduct by you in connection with the Services.

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Website. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.

12. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which Primo Hoagies operates, without regard to its conflict of law provisions. The Federal Trade Commission Act and all applicable federal consumer protection statutes shall apply to the extent required by law.

For users located in California, the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) may provide additional rights with respect to your personal information. Please refer to our Privacy Policy for details regarding your rights under California law.

Any legal action, claim, or dispute arising out of or relating to these Terms, the Website, or the Services that is not resolved through the dispute resolution process described in Section 13 shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States. You consent to the exclusive jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

13. Dispute Resolution

13.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the Website, or the Services, you agree to first attempt to resolve the dispute informally by contacting us at [email protected]. We will use reasonable efforts to resolve the dispute within thirty (30) days of receipt of your written notice. The notice must include your name, contact information, a description of the nature of the dispute, and the relief you are seeking.

13.2 Binding Arbitration

If the dispute cannot be resolved informally within the thirty (30) day period, you and Primo Hoagies agree to resolve any disputes through binding individual arbitration, rather than in court, except that either party may bring claims in small claims court if the claims qualify. The arbitration shall be conducted under the rules of the American Arbitration Association (AAA) Consumer Arbitration Rules, which are available at www.adr.org. The arbitrator shall have exclusive authority to resolve all disputes arising from these Terms, including any claim that all or any part of these Terms is void or voidable.

13.3 Class Action Waiver

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 PROCEEDING. Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Website or any of our Services. We reserve the right, in our sole and absolute discretion, to:

• Terminate or suspend your access to the Website and Services at any time, with or without cause and with or without notice;
• Remove or disable access to any content or account that we determine, in our discretion, violates these Terms or is otherwise harmful to us, our users, or third parties;
• Discontinue any promotional offer, loyalty program, or service without prior notice.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to 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, limitations of liability, and dispute resolution provisions.

15. Changes to Terms

Primo Hoagies reserves the right to modify, update, or replace these Terms 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 and may provide additional notice through the Website, via email, or by other appropriate means.

It is your responsibility to review these Terms periodically. Your continued use of the Website or Services after any changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must immediately cease using the Website and Services and, if applicable, deactivate your account.

We encourage you to bookmark this page and review it regularly to stay informed about the terms governing your use of our Website and Services.

16. Privacy Policy

Your use of the Website and Services is also subject to our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and share your personal information in connection with your use of the Website and Services. By using the Website, you consent to our collection and use of personal information as described in our Privacy Policy.

To the extent applicable, we comply with the requirements of the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and all other applicable state and federal privacy laws in the United States. For questions regarding your privacy rights, please contact us at [email protected].

17. Accessibility

Primo Hoagies is committed to ensuring that our Website is accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards and guidelines, including those set forth under the Americans with Disabilities Act (ADA) and the Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing our Website or require assistance, please contact us at [email protected] so that we may provide appropriate accommodations.

18. Electronic Communications

By using our Website and Services, you consent to receiving electronic communications from us. These communications may include notices about your account, your orders, promotional materials, and other information related to our Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

If you do not wish to receive promotional communications from us, you may opt out at any time by following the unsubscribe instructions contained in any promotional email or by contacting us directly at [email protected]. Opting out of promotional communications will not affect your receipt of transactional communications related to your orders or account.

19. Force Majeure

Primo Hoagies shall not be liable for any failure or delay in the performance of its obligations 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 actions or restrictions, civil unrest, labor disputes, internet or telecommunications failures, power outages, supply chain disruptions, or any other event beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, we will notify you as soon as practicable and take all reasonable steps to resume performance as quickly as possible. During such periods, any applicable deadlines or obligations under these Terms may be suspended for the duration of the Force Majeure Event.

20. Severability

If any provision of these Terms is found to be unlawful, void, invalid, or unenforceable for any reason by a court of competent jurisdiction or an arbitrator, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision to the fullest extent permitted by applicable law.

These Terms constitute the entire agreement between you and Primo Hoagies regarding your use of the Website and Services, and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, whether written or oral, relating to the subject matter hereof.

21. Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any right or provision shall be effective only if made in writing and signed by a duly authorized representative of Primo Hoagies. No waiver shall be construed as a continuing waiver or a waiver of any other right or provision.

22. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent shall be null and void. Primo Hoagies may freely assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, sale of assets, reorganization, or by operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and permitted assigns.

23. Entire Agreement

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

In the event of any conflict between these Terms and any other agreement you may have with us, these Terms shall control unless otherwise expressly stated in a separate written agreement signed by an authorized representative of Primo Hoagies.

24. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, your use of the Website, or the Services provided by Primo Hoagies, please contact us using the information below. We are committed to addressing your inquiries in a timely and professional manner.

By using our Website and Services, you confirm that you have read, understood, and agreed to be bound by these Terms of Service in their entirety.