You agree to indemnify and hold harmless the Released Parties from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of your breach or alleged breach of any provision of this Agreement, your violation of applicable law, your use of the Driver App and/or Materials (including without limitation all Diner. Civ. We'll deliver packages to your business every day and you and your staff will deliver those packages to customers' homes. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. Here are the current requirements. The Federal Arbitration Act will govern the interpretation and enforcement of the Dispute Resolution section. By accessing the Driver App, you agree to the following conditions: You will not accept orders offered through the Driver App that you do not intend to deliver; You will not disclose, and will maintain the strict confidentiality of, the Diner Data and transaction logs available through the Driver App; You will not violate any applicable law(s) or Grubhubs Terms of Use; You will not deliver alcohol unless you and the alcohol recipient are 21 or older, and you have verified the recipients name and age using a valid photo identification at the time of alcohol delivery; You will not access the Driver App or related services using a third-partys account/registration, or attempt to impersonate another person, particularly any Delivery Partner; You will not falsely report your geographic location or prevent or otherwise attempt to prevent the Driver App from accurately reporting your geographic location; You will not attempt, through any means, to gain unauthorized access to any part of the Driver App and/or any related service, or any other account, computer system and/or network connected to any Grubhub server; You will not attempt to deceive, mislead, confuse, or defraud Grubhub through any means of circumvention related to the Driver App or the Services you are purporting to provide; You will not decompile or reverse-engineer the Driver App and/or monitor any portion of the Driver App and/or any Materials and/or other content on the Driver App, unless an authorized representative of Grubhub has given you specific permission to do so in writing; You will not conduct any kind of systematic retrieval of data or other content from the Driver App; You will not create or compile, directly or indirectly, any collection, compilation, database or directory from the Driver Apps content; You will not use the Driver App in any manner that could damage, disable, overburden and/or impair any Grubhub server, or the network(s) connected to any Grubhub server, and/or interfere with any other Delivery Partners use of the Driver App; You will not use any information obtained from the Driver App or the Grubhub services (apart from authorized use of Grubhub services) in order to contact, solicit, or buy or sell any products or services to anyone, including but not limited to any Diner, Restaurant or another Delivery Partner; You will not copy or republish any content, including, but not limited to Diner Data and transaction logs; You will not license, sell and/or otherwise provide access to and/or use of your Account or the Driver App to any third party (other than subcontractors, pursuant to your Partner Agreement), including without limitation to build a competitive product and/or service; You will not harass, annoy, intimidate or threaten any Grubhub employees or agents engaged in providing any portion of Grubhubs services; You will not contact any Diners or Restaurants beyond what is necessary to fulfill your delivery services, unless the Diner(s) or Restaurant(s) expressly consents to such contact; You will not delete the copyright or other proprietary rights notice from any Materials or any portion of the Driver App or Grubhubs services; You will not upload or transmit viruses or other harmful, disruptive or destructive files; You will not disrupt, interfere with, or otherwise harm or violate the security of the Driver App, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Driver App or affiliated or linked sites (including those of our restaurant partners); and. Eligible claimants will receive at least a $5 On-Time Delivery Guarantee GHG Perk. Also, regardless of any statute or law to the contrary (and to the fullest extent permitted by law), you must provide notice to Grubhub, pursuant to the procedures in the Dispute Resolution section below, of any claim within one year of its accrual, or your claim will be waived and barred. Grubhub respects the intellectual property of others, and we ask all of our users to do the same. be intended to interrupt, destroy, or limit the functionality or integrity of any computer software, hardware, or Materials on the Platform or other websites. You agree that Your Content will not: We do our best to encourage civility and discourage disruptive communication on the Platform. Grubhub works by connecting customers with freelance drivers and nearby restaurants. To reiterate, this informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. It's as easy as signing up with your email and typing in your address. Enter into a delivery service partnership with our ready-made Restaurant Delivery Service Agreement template. Can I apply to deliver in more than one market? . Restaurants pay the services 15% to 30% fees for each order customers place through their platform. You must send your opt-out notice to: disputeresolution@grubhub.com. 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. 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. Grubhub may monitor any and all use of the Driver App, and may manage the Driver App in a manner intended to protect our property and rights and to facilitate its proper functioning. "It is a very large expense. Please note, you are unable to complete checkout with only gift card information. All such Additional Terms are hereby incorporated into this Agreement by reference. If you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Platform, and your parent or legal guardian must read and agree to this Agreement on your behalf prior to your using the Platform. You agree to indemnify and hold harmless the Released Parties from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of your breach or alleged breach of any provision of this Agreement, your violation of applicable law, your use of the Driver App and/or Materials (including without limitation all Diner Data), and/or all Uses of your User Content by Grubhub and/or any third party authorized by Grubhub. Therefore, you agree that Grubhub will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages. By accessing the Platform or the Services, you agree: You agree to comply with the above conduct requirements and agree not assist or permit any person in engaging in any conduct that does not comply with the above conduct. 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. 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. Already a DoorDash merchant? The clause always begins with the word WHILE. 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. Some jurisdictions permit the ordering and delivery of alcoholic beverages. In consideration of the use of the Driver App, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update the personal information you provide to ensure that it remains true, accurate, current, and complete; if you fail to do any of the foregoing, Grubhub will have the right to terminate your Partner Agreement and restrict your access to the Driver App. 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. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Platform. YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS IN THESE TERMS OF USE AND THE LIMITATIONS OF LIABILITY IN YOUR PARTNER AGREEMENT ARE FAIR AND REASONABLE. Delivery Partners are auto-assigned to orders by Grubhub. When you provide your phone number to Grubhub, you warrant that you are the current subscriber or authorized user of the relevant account. 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. Why you should consider driving for Grubhub. 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. While Maloney griped about competition, DA Davidson . YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE. You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit through the Driver App. 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. Any other use of the Materials is strictly prohibited. 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. GRUBHUB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF THE FOOD OR OTHER PRODUCTS ORDERED ON THE SITES. Here are some of the top reasons to consider becoming a Grubhub gig delivery driver: 1. If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. 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. 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. You further understand and agree that you may be exposed to third-party content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. on our in-store kiosks, through our assisted phone ordering feature, or as a guest with our group order feature). The Mobile Applications originate in the United States and are subject to United States export laws and regulations. Grubhub is a virtual marketplace Platform that connects hungry diners with third-party service providers, including local merchants and independent delivery service providers. You may also opt out of certain Grubhub driver-specific email communications by following the unsubscribe link at the bottom of a Grubhub driver-related email. A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.