Terms of Service

Please read these Terms of Service carefully before using the website located at primohoagiescafe.click (the "Site") or any services offered by Primo Hoagies Café ("Company," "we," "us," or "our"). By accessing or using our Site and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you must immediately discontinue your use of our Site and services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Site at primohoagiescafe.click, placing an order, registering an account, or engaging with any content or service provided by Primo Hoagies Café, you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you and Primo Hoagies Café. If you are using the Site on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" throughout these Terms shall include such entity.

You must be at least eighteen (18) years of age to use our Site and services. By using our Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract under applicable United States law. If you are under the age of 18, you may not use our Site or services without verified parental or guardian consent.

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

2. Description of Services

Primo Hoagies Café operates as a food service business offering a curated selection of hoagies, sandwiches, and related food and beverage items. Our services include, but are not limited to, the following:

• Online Ordering: Customers may browse our menu and place orders for pickup or delivery through our website at primohoagiescafe.click.
• Menu Information: We provide detailed descriptions, nutritional information (where available), ingredients, and pricing for our food offerings.
• Customer Account Management: Users may create and manage personal accounts to track order history, save preferences, and manage payment methods.
• Promotional Offers and Loyalty Programs: From time to time, we may offer special promotions, discounts, coupons, or loyalty reward programs subject to additional terms and conditions.
• Customer Support: We provide customer support via email and any other channels disclosed on the Site.
• Catering and Group Orders: We may offer catering services or large-group ordering options subject to separate agreements and availability.

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

Our services are intended for personal, non-commercial use unless otherwise agreed upon in writing. Any commercial use of our services requires prior written consent from Primo Hoagies Café.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Site and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or otherwise interacting with our Site.
• Maintain the confidentiality of your account credentials and be solely responsible for all activities that occur under your account.
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account or any security breach.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Site and services.
• Use the Site and services only for lawful purposes and in a manner consistent with these Terms.
• Ensure that your use of our services does not infringe upon the rights of any third party.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Fraudulent Conduct: Submitting false, misleading, or fraudulent orders, payment information, or account details.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Site, other user accounts, our servers, or any related systems or networks.
• Interference: Using any device, software, or routine that interferes with the proper working of the Site, including introducing viruses, Trojan horses, worms, logic bombs, or other harmful or technologically malicious material.
• Data Scraping: Using automated tools such as bots, spiders, crawlers, or scrapers to extract data from our Site without our express written permission.
• Resale: Reselling, redistributing, or commercially exploiting any part of our services without our prior written authorization.
• Harassment: Engaging in any conduct that harasses, threatens, intimidates, or otherwise harms other users, our employees, or any third party.
• Impersonation: Impersonating any person or entity, including Primo Hoagies Café staff or representatives, or falsely claiming an affiliation with any person or organization.
• Illegal Use: Using our services to engage in any activity that violates applicable federal, state, or local laws, including the Federal Trade Commission Act (FTC Act), the Computer Fraud and Abuse Act (CFAA), and any applicable consumer protection statutes.
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works from any content on our Site without our express written consent.
• Spam and Unsolicited Communications: Using our platform to transmit unsolicited commercial communications, spam, or chain letters.
• Reverse Engineering: Attempting to reverse engineer, decompile, or disassemble any software or proprietary systems used in connection with our Site.
• Abuse of Promotions: Manipulating, exploiting, or abusing promotional offers, loyalty points, discount codes, or coupons in a manner not intended by Primo Hoagies Café.

We reserve the right to investigate suspected violations of these Terms and to take appropriate legal action, including but not limited to, suspending or terminating your account, reporting violations to law enforcement authorities, and pursuing civil remedies.

4. Intellectual Property Rights

All content, materials, and intellectual property available on or through the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and compilation of the Site (collectively, "Content"), are the exclusive property of Primo Hoagies Café or its content suppliers and licensors, and are protected by United States and international copyright, trademark, trade secret, and other applicable intellectual property laws.

The Primo Hoagies Café name, logo, brand identity, and all related names, logos, product and service names, designs, and slogans are trademarks of Primo Hoagies Café. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site solely for your personal, non-commercial purposes. This license does not include the right to:

• Modify or copy the materials on the Site;
• Use the materials for any commercial purpose or for any public display, whether commercial or non-commercial;
• Attempt to decompile or reverse engineer any software contained on the Site;
• Remove any copyright or other proprietary notations from the materials; or
• Transfer the materials to another person or "mirror" the materials on any other server.

Any unauthorized use of our intellectual property terminates the permission or license granted by us and may constitute an infringement of our intellectual property rights, subjecting you to civil and/or criminal penalties under applicable United States law, including the Digital Millennium Copyright Act (DMCA).

If you believe that any content on our Site infringes upon your copyright, please contact us at [email protected] with a detailed description of the alleged infringement in accordance with the DMCA notice requirements.

5. Payment Terms

5.1 Pricing

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without notice. Prices are exclusive of applicable taxes unless otherwise stated. Applicable sales tax will be calculated and added to your order total at checkout based on your location and applicable state and local tax laws.

5.2 Payment Methods

We accept various payment methods as indicated on our Site at the time of checkout. By providing 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 applicable taxes and fees.

5.3 Order Confirmation

Your receipt of an order confirmation does not signify our acceptance of your order. We reserve the right to accept or decline your order for any reason at any time after receipt. If we cancel an order after payment has been processed, we will issue a full refund to your original payment method.

5.4 Refund and Cancellation Policy

Due to the perishable nature of food products, all sales are generally final. However, if your order is incorrect, incomplete, or of unsatisfactory quality due to our error, please contact us within twenty-four (24) hours of receiving your order at [email protected]. We will review your claim and, at our sole discretion, offer a replacement, store credit, or refund.

Order cancellations must be made prior to the preparation of your order. Once food preparation has begun, cancellations may not be accepted, and refunds may not be issued.

5.5 Promotional Offers and Discounts

Promotional codes, discount coupons, and special offers are subject to specific terms and conditions disclosed at the time of the offer. Promotions cannot be combined unless expressly stated. We reserve the right to withdraw or modify promotions at any time without notice.

6. Disclaimers and "As-Is" Basis

THE SITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED BY PRIMO HOAGIES CAFÉ ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PRIMO HOAGIES CAFÉ 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, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION OR CONTENT ON THE SITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED; AND
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES.

Primo Hoagies Café does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website, and we will not be a party to or in any way monitor any transaction between you and third-party providers.

6.1 Food Allergy and Dietary Disclaimer

Our food products may contain or come into contact with common food allergens, including but not limited to wheat, gluten, dairy, eggs, nuts, peanuts, soy, fish, and shellfish. While we endeavor to provide accurate allergen information, we cannot guarantee that our products are free from any specific allergen due to the risk of cross-contamination in our food preparation environment. Customers with severe food allergies or dietary restrictions are strongly advised to consult with our staff before placing an order. Primo Hoagies Café shall not be liable for any adverse reactions resulting from undisclosed allergens.

6.2 Nutritional Information Disclaimer

Any nutritional information provided on our Site is for general informational purposes only and may not be entirely accurate. Nutritional content may vary based on portion size, preparation methods, ingredient variations, and supplier changes. We recommend consulting a qualified nutritionist or healthcare professional for specific dietary advice.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL PRIMO HOAGIES CAFÉ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES;
• LOSS OF DATA OR GOODWILL;
• COSTS OF SUBSTITUTE GOODS OR SERVICES;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY OTHER MATTER RELATING TO THE SITE OR SERVICES;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF PRIMO HOAGIES CAFÉ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ALL CASES, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PRIMO HOAGIES CAFÉ IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some states 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 states, our liability shall be limited to the greatest extent permitted by applicable state law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Primo Hoagies Café, its affiliates, officers, directors, employees, agents, licensors, and service providers 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 these Terms of Service;
• Your use of the Site or services, including but not limited to any content you submit, post, transmit, or make available through the Site;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Your violation of any rights of another user or third party;
• Any fraudulent activity, misrepresentation, or unauthorized use of your account; or
• Any negligent or intentional misconduct on your part.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with us in asserting any available defenses.

9. Governing Law and Jurisdiction

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

To the extent that any lawsuit or court proceeding is permitted under these Terms, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the United States for the purpose of litigating all such disputes. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Our services are intended for users located within the United States. If you are accessing our Site from outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws in your jurisdiction.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Where applicable, consumer protection rights under the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., and applicable state consumer protection statutes shall apply. Nothing in these Terms shall be construed to limit any rights you may have under such applicable federal or state consumer protection laws.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Primo Hoagies Café at [email protected] and attempt to resolve the dispute informally. We will make reasonable efforts to resolve the dispute within thirty (30) days of receiving your notice. If the dispute is not resolved within this period, either party may proceed to formal dispute resolution as described below.

10.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, BEFORE A SINGLE ARBITRATOR.

The arbitration shall be conducted in English in the United States. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The costs of arbitration, including administrative fees, shall be allocated in accordance with the AAA Consumer Arbitration Rules.

10.3 Class Action Waiver

YOU AND PRIMO HOAGIES CAFÉ AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

10.4 Small Claims Court

Notwithstanding the above, either party may bring an individual action in a small claims court of competent jurisdiction for disputes that qualify under that court's jurisdictional limits.

10.5 Opt-Out Right

You have the right to opt out of the binding arbitration provisions set forth in this Section by sending written notice of your decision to opt out to [email protected] within thirty (30) days of first accepting these Terms. If you opt out, any disputes shall be resolved in the state or federal courts of the United States as provided in Section 9.

11. Term and Termination

11.1 Term

These Terms of Service become effective when you first access or use our Site and shall remain in full force and effect for so long as you continue to use our Site and services, unless earlier terminated in accordance with this Section.

11.2 Termination by You

You may terminate your account and stop using our services at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations that arose prior to termination, including payment obligations for orders already placed.

11.3 Termination by Us

We reserve the right to suspend or terminate your account and access to our services, in whole or in part, at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms of Service;
• Engaging in fraudulent, abusive, or illegal activities;
• Providing false or misleading information;
• Non-payment for services rendered;
• Conduct that is harmful to other users, our business, or third parties; or
• At our sole discretion for any business reason.

11.4 Effect of Termination

Upon termination, your right to use our Site and services immediately ceases. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to, intellectual property provisions, disclaimers, indemnification, limitation of liability, dispute resolution, and governing law provisions.

12. Changes to Terms

Primo Hoagies Café reserves the right to modify, revise, update, or replace any part of these Terms of Service at any time at our sole and absolute discretion. We will notify you of material changes by:

• Posting the revised Terms on this page with an updated "Last Updated" date;
• Sending an email notification to the address associated with your account (where applicable); or
• Displaying a prominent notice on our Site.

Changes to these Terms will become effective immediately upon posting unless otherwise specified. Your continued use of the Site or services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Site and services and, if applicable, terminate your account.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of these Terms will always be accessible on our Site at primohoagiescafe.click.

13. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or resources that are not owned or controlled by Primo Hoagies Café. We provide these links for your convenience only. 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 available on them.

You acknowledge and agree that Primo Hoagies Café shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available through any third-party website or service. We strongly advise you to read the terms and conditions and privacy policies of any third-party website you visit.

14. Privacy Policy

Your use of our Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information. To the extent you are a California resident, your rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) are further described in our Privacy Policy.

By using our Site and services, you consent to the collection and use of your personal information as described in our Privacy Policy. If you do not agree to our Privacy Policy, please discontinue your use of our Site and services.

15. Accessibility

Primo Hoagies Café is committed to ensuring that our Site is accessible to individuals with disabilities in accordance with applicable law, including the Americans with Disabilities Act (ADA). If you experience any difficulty accessing our Site or any of our services due to a disability, please contact us at [email protected], and we will make reasonable efforts to accommodate your needs.

16. Electronic Communications

By using our Site and services or communicating with us electronically, you consent to receive electronic communications from Primo Hoagies Café. These communications may include notices about your account, order confirmations, promotional offers (where you have opted in), and other information related to our services. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of promotional email communications at any time by following the unsubscribe instructions included in the email or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, we may still send you transactional or administrative emails related to your account and orders.

17. Force Majeure

Primo Hoagies Café shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, fire, flood, earthquake, government actions, labor disputes or strikes, power outages, internet service provider failures, cyber-attacks, supply chain disruptions, or any other event that is beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, we will notify you as soon as reasonably practicable and will resume performance as soon as the Force Majeure Event has passed or been resolved. We will not be obligated to fulfill any order or service obligation that becomes impractical or impossible as a result of a Force Majeure Event.

18. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or in conflict with applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, the provision shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or impaired by the invalidity or unenforceability of any other provision.

The failure of either party 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 of these Terms shall only be effective if it is in writing and signed by an authorized representative of Primo Hoagies Café.

19. Entire Agreement

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

No amendment, modification, or waiver of these Terms shall be binding unless made in writing and signed by an authorized representative of Primo Hoagies Café. These Terms shall not be construed against the drafting party.

20. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, please do not hesitate to contact us using the following information:

We aim to respond to all inquiries within five (5) business days. For urgent matters related to food safety or order issues, please use the email address provided above and mark your subject line as "URGENT."