The company relies on user reviews to improve the delivery experience. In accordance with the DMCA and other applicable law, Grubhub has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. . By accessing the Platform, you agree and acknowledge that Merchants are solely responsible for, and Grubhub shall not be liable or responsible for, the services provided to you by any Merchant or any subcontractor of any Merchant, nor shall Grubhub be responsible for any acts, omissions, errors or misrepresentations made by any Merchant or any subcontractor of any Merchant. All Uses will be made without notification to and/or approval by you and without the requirement of payment to you or any other person or entity. This Agreement does not cover or address certain end user services provided by our affiliate SCVNGR, Inc. d/b/a LevelUp (LevelUp) on behalf of its merchant clients; please see the LevelUp User Terms of Service for more information. Unless otherwise prohibited by law or agreed by the parties, all arbitration proceedings and all related records will be confidential and closed to the public and any parties other than you and Grubhub, except as necessary to obtain court confirmation of the arbitration award. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Grubhub or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). By continuing to access and/or use the Platform and/or Services after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Platform and/or accessing the Services. If you initiate arbitration, you shall certify that you have complied with the Informal Dispute Resolution Procedure above and personally sign your Demand for Arbitration. Grubhub shares dropped a stomach-churning 43 percent to end the day at $33.11 after hitting intraday lows not seen in more than three years. to comply with the Agreement and all applicable laws, rules and regulations in connection with your use of the Platform and Services, including, without limitation, laws regarding online conduct and Your Content (as defined below); not to use the Platform or Services for any commercial or other purposes that are not expressly permitted by this Agreement or in a manner that falsely implies our endorsement, partnership or otherwise misleads others as to your affiliation with us; not to access the Platform or Services using a third party's account/registration without the express consent of the Account holder and not to attempt to impersonate another user or person; not to avoid, bypass, remove, deactivate, impair, descramble, or attempt, through any means, to circumvent any technological measure implemented by Grubhub to protect the Platform, or otherwise attempt to gain unauthorized access to any part of the Platform and/or any Service, other Account, computer system, and/or network connected to any Grubhub server; not to use the Platform or Services in any manner that could damage, disable, overburden, and/or impair the Platform, any Grubhub server, or the network(s) connected to any Grubhub server, and/or interfere with any other party's use and enjoyment of the Platform; not to advertise to, or solicit, any user, Merchant, or other business to buy or sell any products or services, or use any information obtained from the Platform or the Services in order to contact, solicit, or advertise or sell to any user, Merchant, or other business, in each case, unless specifically authorized in writing by Grubhub; not to deep-link to or frame the Platform and/or access the Platform manually and/or with any robot, spider, web crawler, extraction software, automated process, and/or device or other means to scrape, copy, and/or monitor any portion of the Platform and/or any Materials and/or other content on the Platform, unless specifically authorized in writing by Grubhub; not to conduct any scraping, indexing, surveying, data mining, or any other kind of systematic retrieval of data or other content from the Platform; not to create or compile, directly or indirectly, any collection, compilation, database, or directory from the Platform or Materials; not to create Merchant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Platform; not to copy, publish, or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers; not to harass, annoy, intimidate, threaten or engage in any racist, sexist, or other behavior that Grubhub finds objectionable to any Grubhub employees, contractors, or agents engaged in providing any portion of the Services and not to engage in any other behavior that Grubhub deems inappropriate when using the Platform or Services; not to engage in any criminal or tortious activity, including, without limitation, fraud, spamming (e.g. YOU (AND NOT GRUBHUB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE APP, THE MATERIALS AND/OR OTHER CONTENT ON THE APP. If Grubhub changes this "Dispute Resolution" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Platform or Services after such change will be deemed acceptance of those changes. If you are a California resident, in accordance with Cal. IT LIMITS THE WAYS YOU CAN SEEK RELIEF FROM GRUBHUB AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS. on our in-store kiosks, through our assisted phone ordering feature, or as a guest with our group order feature). Class Action and Collective Relief Waiver. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY. You acknowledge that Apple is not responsible for addressing any of your claims or those of any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Grubhub as provider of the software. We may manage the Platform in a manner intended to protect our property and rights and to facilitate the proper functioning of the Platform. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE SITES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. IF YOU ARE A CONSUMER RESIDING IN NEW JERSEY, THE FOLLOWING PROVISIONS OF THIS AGREEMENT DO NOT APPLY TO YOU (AND DO NOT LIMIT ANY RIGHTS THAT YOU MAY HAVE) TO THE EXTENT THAT THEY ARE UNENFORCEABLE UNDER NEW JERSEY LAW: (A) THE DISCLAIMER OF LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (FOR EXAMPLE, TO THE EXTENT UNENFORCEABLE UNDER THE NEW JERSEY PUNITIVE DAMAGES ACT, NEW JERSEY PRODUCTS LIABILITY ACT, NEW JERSEY UNIFORM COMMERCIAL CODE, AND NEW JERSEY CONSUMER FRAUD ACT); (B) THE LIMITATION ON LIABILITY FOR LOST PROFITS OR LOSS OR MISUSE OF ANY DATA (FOR EXAMPLE, TO THE EXTENT UNENFORCEABLE UNDER THE NEW JERSEY IDENTITY THEFT PROTECTION ACT AND NEW JERSEY CONSUMER FRAUD ACT); (C) APPLICATION OF THE LIMITATIONS OF LIABILITY TO THE RECOVERY OF DAMAGES THAT ARISE UNDER CONTRACT AND TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY (FOR EXAMPLE, TO THE EXTENT SUCH DAMAGES ARE RECOVERABLE BY A CONSUMER UNDER NEW JERSEY LAW, INCLUDING, WITHOUT LIMITATION, THE NEW JERSEY PRODUCTS LIABILITY ACT); AND (D) THE NEW YORK GOVERNING LAW PROVISION (FOR EXAMPLE, TO THE EXTENT THAT YOUR RIGHTS AS A CONSUMER RESIDING IN NEW JERSEY ARE REQUIRED TO BE GOVERNED BY NEW JERSEY LAW). If such an informal telephonic dispute resolution conference takes place, it shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. I. If an order has been prepared but requires remaking due to a late pickup, restaurants are empowered to remake an order and contact Grubhub for a credit. You can also earn bonus pay by completing incentives and challenges. To re-enable texts, you can text START in response to an unsubscribe confirmation SMS. Grubhub reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to the Platform and/or Services from a particular Account, device and/or IP address. The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein. Please note that standard voice, data and message rates will apply for all forms of communication. All such Additional Terms are hereby incorporated into this Agreement by reference. Grubhub also makes physical gift cards available for purchase. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, the right to a hearing will be determined by the Applicable AAA Rules. We strive to maintain a high level of integrity with our Ratings and Reviews and other aspects of Your Content. If you use the Service in this manner, we may create an Account for you based on the information you provide to us in connection with the transaction (e.g., your payment information, name, phone number, email address, and other transaction information). You may also receive text messages in response to certain Customer Care requests. We may change this Agreement from time to time and without prior notice to you. Attorneys fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. You and Grubhub agree that to the extent any dispute, claim, or controversy is permitted to proceed in court (except for small claims court), it shall be brought and heard exclusively in the state and federal courts of New York County, New York. 512: A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works; Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites; Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address; A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF OR A REQUEST FOR PUBLIC INJUNCTIVE RELIEF AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN COURT BUT SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS AND REQUESTS FOR RELIEF. THERE ARE PROPOSED CLASS ACTIONS OR REPRESENTATIVE ACTION PROCEEDINGS PENDING AGAINST GRUBHUB, AND THIS AGREEMENT APPLIES TO THEM UNLESS YOU OPT OUT AS DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. If you believe that your copyrighted work has been copied and is accessible on the Platform or a website through which our Services may be accessed in a way that constitutes copyright infringement, please provide Grubhub's Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. By purchasing or using a Grubhub membership subscription service (including Grubhub+ and Seamless+), you agree to this Agreement and the additional Membership Terms of Use. You must send your opt-out notice to: disputeresolution@grubhub.com. So, while restaurants work diligently to build a loyal relationship with customers, once third-party delivery companies arrive on the scene they effectively insert themselves directly between the restauranteur and the consumer. Your use of the Platform is subject to any and all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Platform that we may post or link to on the Platform (collectively, the "Additional Terms"), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions, or content on the Platform, including, without limitation, the Google Maps/Google Earth Additional Terms of Service located at https://maps.google.com/help/terms_maps.html and the Google Privacy Policy located at https://www.google.com/intl/ALL/policies/privacy/index.html. To revoke your consent to receiving SMS or MMS messages from Grubhub, you agree to follow the unsubscribe procedures described below. If the parties cannot agree on an alternative arbitration provider, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration provider that will administer an arbitration consistent with this Dispute Resolution section as written. Your Content includes, without limitation, your username and/or other user profile information such as your ratings history and how long you have been a Grubhub diner, textual, visual, or audio content and information, whether transmitted via the Platform, SMS or MMS message, or otherwise. As used in this Agreement, you means any visitor, user, or other person who accesses our Platform or Services, whether or not such person registered for an Account (as defined below). YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE. For clarity, you shall not retain, use or disclose Diner Data beyond what is necessary to provide the Services without the express consent of the Diner, nor download, store and/or sell any information you process in connection with the provision of Services outside of the Driver App or otherwise use Diner Data for any purpose other than providing the Services. Grubhub respects the intellectual property of others, and we ask all of our users to do the same. Subject to the Applicable AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Nothing contained on the Platform should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Platform without the express written permission of Grubhub or the appropriate third party owner, as applicable. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works; Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Platform; Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address; A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner or its agent, or is not otherwise permitted under the law; and. 1. By providing access to Third Party Websites, Grubhub is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Delivery partners must have a valid driver's license and minimum auto insurance. Notwithstanding the foregoing, issues related to the scope, validity, and enforceability of this Arbitration Agreement are for a court to decide. Grubhub will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and/or (b) or for any acts or omissions by you or someone else who is using your Account and/or password. To resubscribe, text "START" to the number sending the feedback messages using the phone number associated with your account. In addition to $0 delivery on eligible orders, Grubhub+ members get access to member-only perks and rewards. Get warming bags from Grubhub or use your own. Grubhub has fired their latest shot in their battle against order rejection. You agree that you are solely responsible for any such charges. Except as otherwise indicated on the Platform and except for the intellectual property of other companies that are displayed on the Platform, all intellectual property, such as trademarks, service marks, logos, trade dress, and trade names are proprietary to Grubhub, including, without limitation, GH; GRUBHUB; Grubhub for Work; SEAMLESS; Grubhub for Restaurants; Eat24; AllMenus; MenuPages; Yummy Rummy; and the Eat24.com, Grubhub.com, and Seamless.com trade dress. GRUBHUB SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GRUBHUB'S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. If you are using the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that entity, organization, or company. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING. How do I apply? This food service contract is by and between [Sender.Company], the Provider, and [Client.Company], the Client. ","permalink":"legal/terms-of-use","layout":"nested-page","linkedData":[{"sys":{"type":"Link","linkType":"Entry","id":"eBCaoLXGMIoOFa5nYJNlE"}},{"sys":{"type":"Link","linkType":"Entry","id":"5Xy50NrOSfNO2UIuSPs878"}},{"sys":{"type":"Link","linkType":"Entry","id":"4zGesmParCUSYuI6YwYacO"}}],"hasContentOnlyVersion":true,"brand":"grubhub","staticPage_analytics":{"sys":{"type":"Link","linkType":"Entry","id":"7nv9RPjG7YgGw4OUIUIWwU"}},"staticPage_module":"index"}, http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf, https://maps.google.com/help/terms_maps.html, https://www.google.com/intl/ALL/policies/privacy/index.html, https://grubhub.cashstar.com/about/terms_and_conditions, https://grubhub.cashstar.com/about/privacy_policy, https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf, https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf, https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf. The Federal Arbitration Act will govern the interpretation and enforcement of the Dispute Resolution section. Amazon has the option to take a 2% stake in Grubhub (GRUB), with the possibility to acquire up to 15% if certain business performance conditions are met, according to an announcement from Grubhub . THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. If any Mobile Application is being acquired on behalf of the United States Government, then the following provision applies: The Mobile Application will be deemed to be commercial computer software and commercial computer software documentation, respectively, pursuant to DFAR 227.7202 and FAR 12.212, as applicable.

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