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 understand that the prices for menu items displayed through the Services may differ from the prices offered or published by Merchants for the same menu items, whether offered by the Merchant directly or on third-party websites. You acknowledge that Grubhub may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of any Mobile Applications that you are using on your mobile device. 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. Were excited to partner with you to deliver food happiness to diners. We make your hungry team happy. To be eligible for the Program, each applicant ("Applicant" or "you") must have valid and operative Delivery Partner Agreements with Grubhub, and be "Active" Grubhub delivery partners. Restaurants pay the services 15% to 30% fees for each order customers place through their platform. 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. Our Grubhub Guarantee ensures customers always get their delivery order on time, or we'll make it right with a perk that's 100% covered by us at no cost to you! Member FDIC, You agree that you will act as a Service Provider, as such term is defined in the California Consumer Privacy Act, Cal. 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. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. You grant Grubhub an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sublicensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use Your Content in all forms of media now known or hereafter invented for the purpose of operating, promoting, and improving our Site, business, products and services, and developing new ones (collectively, the Uses). The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forums rules, and this Agreement. Upon termination of this Agreement for any reason or no reason: (1) your access rights will terminate and you must immediately cease all use of the Platform and Services; and (2) any provision of this Agreement that contemplates or governs performance or observance subsequent to termination of this Agreement will survive the termination of this Agreement, including without limitation the following sections: (i) Your Content and Conduct; (ii) Disclaimer; (iii) Limitation of Liability; (iv) Important Note to New Jersey Consumers; (v) Termination and Violations of this Agreement; (vi) Dispute Resolution; (vii) Indemnification and (viii) Waiver and Severability.. The Federal Arbitration Act will govern the interpretation and enforcement of the Dispute Resolution section. It's as easy as signing up with your email and typing in your address. This clause is also known as the ASU clause. Grubhub expressly reserves its right to raise unique defenses as to each claimant in connection with this process. For any Dispute that Grubhub raises, we will send our written description of the Dispute to the email address associated with your account. Delivery partners must have a valid driver's license and minimum auto insurance. It's also likely a blow for Grubhub, once Taco Bell's exclusive delivery partner after that 2018 agreement, which also included Yum Brands' KFC system. You are responsible for all of Your Content. A court shall have the authority to enjoin the filing or prosecution of arbitrations based on a failure to comply with this Informal Dispute Resolution Procedure. You and Grubhub acknowledge and agree that Apple, and Apples subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary as it relates to your license of the Apple-Sourced Software. 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. Please contact your mobile phone carrier for details. To unsubscribe from Customer Care messages, just reply to the message by texting STOP to the number sending the message. 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. Using contact-free delivery, supporting local restaurants & COVID-19's impact Billing, payments & refunds Check your refund status, update billing & payment info, etc. You agree that the consequences of commercial use or re-publication of Diner Data or Materials from the Driver App or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy. Sponsored: On average, every 1,000 miles tracked reduces your tax bill by $150. Grubhub reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice. You may terminate this Agreement at any time by closing your Account, uninstalling all Mobile Application(s) (if applicable) and ceasing use of the Platform and Services provided herein. Amazon tried but then ultimately stepped away from building its own cost-intensive Grubhub and DoorDash competitor in the U.S. back in 2019.Now three years on, it's taking a different approach . Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with Grubhub or may enter into in the future with Grubhub. To opt out, you must notify Grubhub in writing no later than 30 days after first becoming subject to this Mutual Arbitration Agreement. 512 (DMCA): Please send this notification to our copyright agent at: Grubhub Holdings Inc., Attention: Copyright Agent, 111 West Washington Street, Suite 2100, Chicago, Illinois 60602. Please continue to follow the guidance of your public health authorities. Except as provided by your Partner Agreement, 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 Driver App from a particular device and/or IP address. The Platform may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions ("Third Party Websites"). Grubhub subsequently removed from flemington, expense reimbursement and to grubhub delivery partner pick up on purpose whatsoever. Grubhub reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice. 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). Also, each party retains the right to (1) elect (at any time prior to the appointment of an arbitrator) to have any claims heard in small claims court on an individual basis for disputes and actions within the scope of such courts jurisdiction, provided the proceeding remains in small claims court and is not removed or appealed to a court of general jurisdiction, and (2) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other confidential or proprietary information or intellectual property rights. We may make available software to access Grubhubs websites, technology platforms, and related online and mobile services via a mobile device (Mobile Applications). Grubhub does not review, monitor, operate and/or control the Third Party Websites and Grubhub makes no guarantees, representations, and/or warranties as to, and shall have no liability for, the content, products or services available on or through and/or the functioning of the Third Party Websites. While Maloney griped about competition, DA Davidson . 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. You may use the Driver App only if you are an authorized Grubhub delivery partner (Delivery Partner) with a validly executed and current Partner Agreement, and solely for the purpose of obtaining and fulfilling delivery orders and providing delivery services to diners (Services). Comparatively speaking to the other major players in the food delivery gig market, I think it's safe to say that Grubhub is being the most fair to its drivers. If you need assistance, text HELP. GRUBHUB ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE PLATFORM, AS WELL AS ANY THIRD-PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS PLATFORM, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. Self-delivery Use your staff to deliver Grubhub ordersfor free. You consent to such automatic upgrading on your mobile device and agree to timely upgrade the Mobile Application in the event there is no automatic update. [11] 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. Grubhub, our Diners, our Restaurants, and/or our respective third-party service providers may contact you via voice, text and/or email at the phone number(s) and/or email address(es) you provided to us for the following purposes: (i) to provide notifications related to your Services and Grubhubs offerings; (ii) to facilitate scheduling; (iii) in relation to the delivery fulfillment process; and (iv) to address issues as they arise. Your notice must include your name and address, the email address you currently use to access your Grubhub Account (if you have one), and a clear statement that you want to opt out of this Mutual Arbitration Agreement. Please note that standard voice, data and message rates will apply for all forms of communication. Please upgrade to the latest version of the Mobile Applications in order to view the most up-to-date information on the Platform regarding Merchants featured on the Mobile Applications. Please note, you are unable to complete checkout with only gift card information. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. Grubhub is the leader in food ordering and delivery, a.k.a. Make money on your own terms and start earning with Grubhub.*. If you believe that your copyrighted work has been copied and is accessible on the Driver App or a website through which our services may be accessed in a way that constitutes copyright infringement, please provide Grubhubs Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. Supplemental delivery Use our drivers to reach customers outside the range of your own delivery team. Can I sign up to deliver using my bicycle? The On-Time Delivery Guarantee offers claimants GHG Perks in connection with eligible online delivery orders that are delivered late. The. The Uses include, without limitation, use of your username and/or other user profile information such as your ratings history and how long you have been a Grubhub diner, to attribute Your Content to you on the Platform, including in Interactive Areas and other public areas on our Platform, or otherwise in connection with our Services. The Driver App may allow you to rate and post reviews of Restaurants and other businesses (each a Rating or Review). If you have any questions regarding this Agreement or the Platform, please visit our "Help" page for answers and our contact information. Grubhub will even match your donations when you join Grubhub+! In addition, the Mobile Applications may be subject to the import and export laws of other countries. The parties will first attempt to agree on an arbitrator.
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