Further, Grubhub reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Platform and/or Services offered on or through the Platform (or any part thereof), including but not limited to the Platform's features, look and feel, and functional elements and related Services. However, all Ratings and Reviews must comply with the following criteria: (1) you must have had first-hand experience with the Restaurant before posting a Rating or Review; (2) you may not have a proprietary or other affiliation with either the Restaurant or any of its competitors; (3) you may not draw any legal conclusions regarding the Restaurants products, services or conduct; and (4) your review must be honest, accurate, and otherwise comply with the standards of conduct and other terms of this Agreement. You agree not to communicate in any way that: is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of anothers privacy, portrays another in a false light, is hateful, and/or racially, ethnically and/or otherwise objectionable; has a commercial, political or religious purpose; is false, misleading and/or not written in good faith; infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity; is illegal and/or promotes illegal activity; contains unauthorized advertising and/or solicits users to a business other than those on the Sites; is disruptive and/or incites others to violate industry standards and/or Grubhubs standards; and/or. We'll deliver packages to your business every day and you and your staff will deliver those packages to customers' homes. The foregoing Governing Law and Venue provisions do not apply to the Dispute Resolution section, and we refer you to that section for the applicable provisions for such disputes. Civ. Grubhub also charges a premium for more visibility. Any other use of the Platform is strictly prohibited. Grubhub is an online food delivery service based in the US. What does that mean? (the CCPA), in the performance of your obligations pursuant to the Agreement. Don't waste one more second of your time. 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. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please note that standard voice, data and message rates will apply for all forms of communication. Further, you hereby grant Grubhub a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license to incorporate and use any of your suggestions, input, or other feedback relating to the Platform or the Services (collectively, the Feedback) for any purpose without notice to, approval by, or compensation to you. 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) or (b) above, or for any acts or omissions by you or someone else using your Account and/or password. your use of the Driver App is subject to any and all additional terms, policies, rules or guidelines applicable to Grubhubs services or certain features of the Driver App that we may post or link to on the Driver App (collectively, the Additional Terms), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the Driver App. GRUBHUB DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. THE APP, THE MATERIALS AND ALL OTHER CONTENT ON THE APP ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. You agree to indemnify and hold harmless Grubhub and its officers, directors, employees, agents, and affiliates (each, an "Indemnified Party") from and against any losses, liabilities, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys and experts fees and expenses, that may be incurred by an Indemnified Party arising out of or in connection with: (i) Grubhubs use of your User Content; (ii) your unauthorized use of the Services, (iii) your breach of this Agreement; (iv) your actual or alleged violation of any law, rule or regulation; (v) any third partys access or use of the Services using your Grubhub Account; or (vi) any dispute or issue between you and any third party, including without limitation any Delivery Partner or Merchant. The app features over 300,000 restaurant partners located in 4,000 different US cities. Like Grubhub, they do restaurant delivery, with the ability to see restaurant menus from a variety of partner restaurants. In the event Grubhub advances payment for any of your orders placed via the Platform (e.g., if your corporate account has a line of credit), Grubhub may separately send you invoices for payment of those advanced amounts. Member FDIC. The Partners agree to designate a hired individual as a general manager for the Restaurant. is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on the Driver App, or the related Sites or other websites. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. To Drive With Grubhub. Further, you agree that the consequences of commercial use or re-publication of Your Content (defined below) or Materials from the Platform or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy, and that Grubhub will be entitled to temporary and permanent injunctive relief to prohibit such use or activity without the need to prove damages. Please note that unsubscribing from such feedback texts will not prevent you from receiving texts from Grubhub, the Merchant, or your delivery person regarding your order or its delivery unless you also text "STOP" to the number sending the order-related messages, and even in such event, you may still receive individual texts from the Merchant or your delivery person to enable successful delivery of your order. The suit, filed March 21 by Washington, D.C. Attorney General Karl Racine against Grubhub Holdings Inc. and Grubhub Inc., alleged that the popular food delivery and software company hiked up. With more than 30,000 restaurants in 500+ cities, food delivery or takeout is just a click away. If you provide any information that is untrue, inaccurate, not current or incomplete, including, without limitation, having an invalid or expired payment method on file, or if Grubhub has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, or if we believe that you have breached this Agreement, Grubhub has the right to immediately block your current or future use of the Platform and/or the Services (or any portion thereof) and/or terminate this Agreement with you. The arbitrator's award of damages and/or other relief must be consistent with section III above and also must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages or other relief for which a party may be held liable. diners names, phone numbers, email, and physical addresses) and any other information subject to applicable privacy and/or data security laws, rules or regulations (collectively, Diner Data), transaction logs and other Materials (as defined below), solely for the purpose of providing the Services. To ensure safety in your community, we default customers to contact-free deliveries and recommend that all delivery partners take proactive measures. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT IN SECTION VII BELOW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OR AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF. Your right and ability to continue using the Driver App for the purpose of fulfilling delivery orders will terminate immediately if your Partner Agreement is terminated. 10.3 Upon termination of these Delivery Partner T&C and the Agreement, the Delivery Partner shall return the assets, within 24 hours from the Termination Date. Amazon on Wednesday agreed to take a stake in Grubhub as part of a deal that will also give members of its Prime subscription program a one-year membership to the food delivery service. We make your hungry team happy. Self-delivery Use your staff to deliver Grubhub ordersfor free. 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"). Your written description must be on an individual basis and also provide at least the following information: your name; a detailed description of the nature and basis of the Dispute, including any transaction details; and the specific relief sought and how it was calculated. You consent to receive communications from us or on our behalf electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Services, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition, Grubhub does not guarantee the quality of what the Merchants sell, nor does it guarantee the services provided by them, including, without limitation, in those cases where they provide the delivery services or engage another third-party delivery service. Once your background check clears and you sign your delivery partner agreement, you'll be able . To re-enable texts, you can text START in response to an unsubscribe confirmation SMS. You agree to (a) immediately notify Grubhub of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or information available to you through the Driver App; and (b) ensure that you exit from your Account at the end of each session. 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. 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. Except as provided by your Partner Agreement, this Agreement will govern any disputes arising before the effective date of the Updated Terms. The terms and conditions for e-gift card use are located at https://grubhub.cashstar.com/about/terms_and_conditions and the privacy policy for gift cards is located at https://grubhub.cashstar.com/about/privacy_policy; and both are incorporated into this Agreement by reference. Please contact your mobile phone carrier for details. By transmitting Your Content, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Platform. Grubhub may also in its sole discretion limit access to the Platform, the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Don't miss another mile: get Hurdlr. By participating in perks, which includes all promotions, discounts, coupons or loyalty programs available on the Platform (collectively, Perks), you agree to this Agreement and the additional Perks Terms of Use. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. To ensure safety in your community, we default customers to, and recommend that all delivery partners take, Valid driver's license and auto insurance for drivers, Driver's license or valid state I.D. 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. If the recipient does not show you a government-issued identification card indicating that the recipient is at least 21 years of age, or if the name on the identification card does not match the order, or the recipient appears intoxicated, you agree not to release the alcoholic beverage(s) and you further agree to return the alcoholic beverage(s) to the Restaurant. Excited about my transition to better ways of making money. Code 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. Use of the Driver App requires that you register and/or create an account (Account) by providing certain personal information. In consideration of the use of the Platform and the Services, you agree that you are able to create a binding legal obligation with Grubhub, and you also agree to: (a) provide true, accurate, current, and complete information about yourself, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current, and complete.
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