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May 5, 2026 06:29 UTC
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CA-V-001282
New version
October 16, 2026 00:58 UTC
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CA-V-007625
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Change Summary
McDonald's updated its Terms of Use effective August 24, 2026, with multiple operational and procedural changes. Key changes include: clarifying that arbitration applies to 'most disputes' rather than 'any dispute'; adding guest ordering capability on the website without account registration (previously required for mobile app); introducing Arch Card stored value features with associated terms and limits; expanding order cancellation options; and clarifying refund procedures for delivery orders. The document also contains numerous minor wording refinements, section renumbering, and contact information updates.
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0Terms and Conditions for McDonald's Online Services (USA) Effective: April 7, 2025 Important: Please carefully read and understand these terms and conditions ("terms").0Terms and Conditions for McDonald's Online Services (USA) Effective: August 24, 2026 Important: Please carefully read and understand these terms and conditions ("terms").
7By accepting these terms, you understand and agree that, as stated in Section 9, you are waiving your right to resolve any dispute through other processes that could be available to you, such as court actions or administrative proceedings.7By accepting these terms, you understand and agree that, as stated in Section 10, you are waiving your right to resolve most disputes (as set forth below) through other processes that could be available to you, such as court actions or administrative proceedings.
11If you do not agree to these terms, then you must immediately stop using the online services and request that McDonald's close any online services account that you have created.11If you do not agree to these terms, then you must immediately uninstall and stop accessing the online services and request that McDonald's close any online services account that you have created.
12You can request account deletion by visiting the Privacy Rights Center and making a deletion request or by contacting us at (866) 970-0106. 1.12You can request account deletion by visiting the Privacy Rights Center and making a deletion request or by contacting us at (888) 511-9903. 1.
27You can only use one online services account and must keep your account information accurate at all times.27You may only use one online services account and must keep your account information accurate at all times.
34McDonald's may also update these terms at any time and at its sole discretion.34McDonald's may also update these terms at any time in its sole discretion.
43Each restaurant is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the supply of the products to you, and for any employment related matters in the restaurant.43Each restaurant is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the supply of the products to you, and for any employment-related matters in the restaurant.
48This means that the restaurant that posted the opportunity is alone responsible for setting the job requirements, all hiring decisions, and all other employment related matters in its business.48This means that the restaurant that posted the opportunity is solely responsible for setting the job requirements, all hiring decisions, and all other employment-related matters in its business.
57When you opt into any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from McDonald's.57When you opt into any of these types of communications, you understand and consent that you will receive marketing, transactional and other messages from McDonald's.
76This section applies to orders you place using the online services, including in certain geographic areas where you can order ahead via the McDonald's mobile app so the restaurant can start your order ahead of your arrival (excluding delivery).76This section applies to orders you place using the online services, including in certain geographic areas where you can order ahead via the McDonald's mobile app or website so the restaurant can start your order ahead of your arrival (excluding delivery).
83You must register an online services account in order to use ordering (including MOP).83You must register an online services account in order to use ordering (including MOP) on McDonald's mobile app; however, guest ordering without an account may be available on McDonald's website.
89McDonald's and the restaurants use third party payment services providers to securely store your payment card information and process your payments to restaurants.89McDonald's and the restaurants use third-party payment services providers to securely store your payment card information and process your payments to restaurants.
90You understand and agree that, when you register a payment card, McDonald's or its third party payment services providers may verify that the payment card you registered is valid, including by authorizing a low-value, temporary charge.90You understand and agree that, when you register a payment card, McDonald's or its third-party payment services providers may verify that the payment card you registered is valid, including by authorizing a low-value, temporary charge.
92Alternatively, McDonald's and its third party payment services providers may obtain updated payment method information from your bank or financial services institution provided you have authorized your bank or financial services institution to provide this updated information.92Alternatively, McDonald's and its third-party payment services providers may obtain updated payment method information from your bank or financial services institution provided you have authorized your bank or financial services institution to provide this updated information.
96You may be able to add funds to your Arch Card to spend at participating McDonald's restaurants using the Arch Card stored value feature.
97If you use the stored value features of the Arch Card, additional terms and conditions may apply.
98For example: there may be limits on the number of cards you can purchase, transaction value, or daily spend; there may be minimum and maximum stored value balance limits; and you may be unable to return, receive cash refunds, or to exchange the stored value balance for cash unless applicable law requires it.
99You must use a supported payment method to add funds to your Arch Card, and you may enable recurring funds transfers if you authorize it.
100For a complete description of the terms and conditions applicable to the Arch Card stored value feature, please review the McDonald's Arch Card Terms and Conditions.
107Each restaurant independently determines its own prices and independently applies any additional taxes and fees as required by law.112Each restaurant independently determines its own prices and independently applies any additional fees and taxes as required by law.
116The restaurant's payment service provider will process your order total amount to the payment method you selected when you built your order.121The restaurant's payment service provider will process your order total amount to the payment method you selected when you placed your order.
120You have the ability to update or abandon your order at any time prior to selecting 'Pay & Place Order'.125You have the ability to update or abandon your order at any time prior to selecting 'Pay & Place Order', or you have the option to cancel your order using the 'Cancel Order' button in your order details as long as it has not started being prepared.
121If you desire to seek a refund for any reason after you select 'Pay & Place Order', including if the products are unsatisfactory or other reasons, please contact the restaurant where you purchased the product.126If you desire to seek a refund for any reason after you select 'Pay & Place Order', including if the products are unsatisfactory or for other reasons, please contact the restaurant where you purchased the product.
122The decision regarding how to resolve any refund request is in the discretion of the restaurant where you purchased the product (excluding delivery).127The decision regarding how to resolve any refund request is at the discretion of the restaurant where you purchased the product (excluding delivery).
128Any refund request related to delivery must be submitted directly to the third-party delivery provider.
138McDonald's collects and uses personal information in connection with providing the MyMcDonald's Rewards & Deals program to consumers.
139See McDonald's Privacy Statement.
138For purposes of clarity, "online services" includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, "content") as well as any part of the online services any features and functionality provided by third parties, and in which those third parties own certain intellectual property rights.146For the purposes of clarity, "online services" includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, "content") as well as any part of the online services, and any features and functionality provided by third parties, and in which those third parties own certain intellectual property rights.
153You understand that by submitting any submissions to McDonald's through the online services, you grant McDonald's a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation, notice or attribution to you or any other person.161You understand that by submitting any submissions to McDonald's through the online services, you grant McDonald's a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from, compensation, notice or attribution to you or any other person.
166With respect to the online services (which includes content) or any portion thereof, you may not, and may not allow third parties, to: Use the online services for any purpose that is unlawful or prohibited by these terms; Delete or change any copyright, trademark, or other proprietary notices; Claim or attempt to obtain ownership or title to the online services, including the content; Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner; Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services or your online services account, or combine them with, or incorporate them into, any other programs or services; Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services; Transfer, provide, export or re-export the online services in violation of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country; or (ii) listed on any U.S. Government list of prohibited or restricted parties; Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers; Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, McDonald's network or any user accounts associated with the online services; Any fraudulent use of an online services account or MyMcDonald's Rewards points; Share, publish, or otherwise use direct hyperlinks to pages, images, or other resources within the online services other than a link to the online services homepage; or Incorporate any pages or functionality within the online services into other services or applications using framing or analogous techniques. 9.174With respect to the online services (which includes content) or any portion thereof, you may not, and may not allow third parties, to: Use the online services for any purpose that is unlawful or prohibited by these terms; Delete or change any copyright, trademark, or other proprietary notices; Claim or attempt to obtain ownership or title to the online services, including the content; Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner; Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services or your online services account, or combine them with, or incorporate them into, any other programs or services; Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services; Transfer, provide, export or re-export the online services in violation of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country; or (ii) listed on any U.S. Government list of prohibited or restricted parties; Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers; Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, McDonald's network or any user accounts associated with the online services; Engage in any fraudulent use of an online services account or MyMcDonald's Rewards points; Share, publish, or otherwise use direct hyperlinks to pages, images, or other resources within the online services other than a link to the online services homepage; or Incorporate any pages or functionality within the online services into other services or applications using framing or analogous techniques. 9.
173McDonald's provides the online services "AS-IS" and without any warranties.181McDonald's provides the online services "as-is" and without any warranties.
182Third party services.190Third-party services.
183The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, "third party services").191The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, "third-party services").
184These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them.192These third parties may have separate terms and conditions or privacy policies that you should review and understand before using them.
188We may permit you to login to the online services using an account from a third party service such as Apple ID, Google+ or other social networking platforms in place of creating a new account specifically for the Online Services.196We may permit you to login to the online services using an account from a third-party service such as Apple ID, Google+, or other social networking platforms in place of creating a new account specifically for the Online Services.
189McDonald's has no control over, makes no representations or warranties whatsoever about any of the third party services that you may access, is not responsible for the availability of such third party services, and does not endorse nor is responsible or liable for any content or other materials on or available from such third party services.197McDonald's has no control over, makes no representations or warranties whatsoever about any of the third-party services that you may access, is not responsible for the availability of such third-party services, and does not endorse nor is responsible or liable for any content or other materials on or available from such third-party services.
192Neither McDonald's nor any other Members of the McDonald's System have any responsibility for McDonald's failure to perform any of its obligations under these terms cause by or related to any event beyond McDonald's reasonable control.200Neither McDonald's nor any other Members of the McDonald's System have any responsibility for McDonald's failure to perform any of its obligations under these terms caused by or related to any event beyond McDonald's reasonable control.
194How we settle disputes.202Arch Cards Your use of an Arch Card, including any digital Arch Card associated with your online services account, is subject to the McDonald's Arch Card Terms and Conditions.
195You agree that: any claim or dispute (whether in contract, tort, or otherwise) that McDonald's or any Member of the McDonald's System may have with you, or that you may have with McDonald's or any Member of the McDonald's System, arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator using the AAA's Consumer Arbitration Rules and, if applicable, its Mass Arbitration Supplementary Rules ("rules and procedures"); this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; prior to you or McDonald's initiating arbitration by filing a Demand for Arbitration with the AAA, you and McDonald's will engage in the informal dispute resolution process outlined in this paragraph.203By using an Arch Card in connection with our online services, you re-affirm your agreement to the McDonald's Arch Card Terms and Conditions and agree that any disputes between you and McDonald's arising out of or related to the Arch Card shall be resolved only as set forth in these terms. 10.
196First, the party interested in pursuing a dispute related to the online services must give written notice to the other party of the party's intent to initiate an informal dispute resolution conference (the "Notice").204Dispute resolution (including arbitration agreement; class action waiver; jury trial waiver; governing law; venue).
197The Notice shall contain: (1) the initiating party's name; (2) the initiating party's mailing address, email address, and phone number; (3) a description of the nature of and basis for the dispute; and (4) the specific relief sought.205Arbitration agreement.
198If you are the initiating party, the Notice must be sent via e-mail to McDonaldsInformalDisputeResolution@us.mcd.com.206You and McDonald's agree that: 1. any dispute or claim (whether in contract, tort, statute, fraud, misrepresentation, or any other legal theory) that McDonald's or any Member of the McDonald's System (for the purposes of this Section 10, collectively referred to as "McDonald's") may have with you, or that you may have with McDonald's, arising from or related to the online services or these terms (except as otherwise specifically provided herein) ("dispute") will be resolved exclusively by final and binding individual arbitration with a single, neutral arbitrator selected through a strike-and-rank process (as further explained below); 2. this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16 and federal arbitration law (not state arbitration law); 3. notwithstanding the foregoing, either you or McDonald's may bring or elect to have a dispute heard in small claims court so long as it remains in that court and advances on an individualized (non-class, non-representative) basis.
199Second, within 60 days of the non-initiating party's receipt of the Notice, or at a later date if you and McDonald's mutually agree to enlarge the 60-day period, the parties shall make a good-faith attempt to resolve their dispute by participating in a live telephone call or videoconference.207Whether a dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance, and for a court of competent jurisdiction to otherwise decide; 4. dispute shall include, but not be limited to: (a) any dispute or claim that arose before the existence of these or any prior terms (including, but not limited to, claims related to advertising) and (b) any dispute or claim that may arise after you or we end our relationship.
200If you are represented by counsel, your attorney(s) may participate in the dispute resolution conference, but you must be present and must participate in the conference as well.208However, dispute shall not include any dispute or claim related to the alleged violation of intellectual property rights (patents, trademarks, copyrights, and trade secrets); 5. the arbitrator shall decide all issues except the following, which are for a court of competent jurisdiction to decide: (a) issues that are reserved for a court in these terms; (b) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of Section 10; (c) issues that relate to the arbitrability of any dispute; and (d) any disagreement as to whether these or a different set or version of terms apply to the dispute; 6. prior to you or McDonald's initiating arbitration, you and McDonald's will engage in the mandatory informal dispute resolution process ("process") outlined below.
201Engaging in this informal dispute resolution process is a prerequisite to commencing arbitration.209First, the party interested in pursuing a dispute must give written notice of the dispute to the other party that contains all of the following information (the "notice"): (a) the initiating party's name, mailing address, telephone number, and email address used to sign-up for the McDonald's mobile app; (b) information sufficient to identify the online transaction at issue in the dispute, including, but not limited to, the restaurant where any product was purchased, the transaction number, the amount of the transaction disputed, the products purchased and the cost of each product, the time of the purchase and any other details of the transaction at issue; and (c) a detailed description of the nature of and basis for the dispute, including any legal claims, and the specific relief sought (with a good faith calculation for it).
202Any applicable statute of limitations period and all arbitration filing fee deadlines shall be tolled from the date that a fully complete Notice is received by the other party to and including the date the dispute resolution conference is held; if, during the informal dispute resolution process described in subpart 3 above, McDonald's makes a written offer to resolve the parties' dispute pursuant to which McDonald's will provide all the relief sought in your Notice, including paying you the full amount of your alleged damages set forth therein, you understand that an Arbitrator will have the right to award arbitration fees against you should the Arbitrator decide that you were unreasonable in continuing to pursue the matter despite McDonald's offer; if, following the informal dispute resolution process described in subpart 3 above, either you or McDonald's decides to file a Demand for Arbitration with the AAA, the demand must include: (1) the name and contact information of the party initiating arbitration; (2) the legal claims being asserted; (3) a detailed explanation of the factual basis for those claims; and (4) a detailed explanation of both the nature and the amount of the relief sought.210The notice must be personally signed by the party that is asserting the dispute (and your or our counsel, if represented).
203Filing a demand that does not include the above information may result in the rejection of your Demand for Arbitration; the arbitration shall be held at a location determined by the AAA under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and McDonald's or other Members of the McDonald's System; the arbitrator's decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services; unless doing so would violate applicable law, the arbitrator shall apply Illinois law consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law; no claims shall be arbitrated on a class or representative basis as you and McDonald's hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and McDonald's; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and McDonald's under this provision; you and McDonald's empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable; in the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $225 USD, McDonald's agrees to pay any such administrative, arbitrator and filing fees exceeding $225 on your behalf, subject to ultimate allocation by the arbitrator.211If you are the initiating party, the notice shall be sent via e-mail to McDonaldsInformalDisputeResolution@us.mcd.com.
204If you can demonstrate that the cost of initiating your claims in a court of law would be less than $225, McDonald's will pay the portion of the administrative, arbitrator and filing fees that exceed the demonstrated cost of initiating your claims in court.212If we are the initiating party, we shall send the notice to the most recent email address we have on file for you.
205In addition, if you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, McDonald's will pay as much of your fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; if more than 1,000 arbitration demands are filed against McDonald's relating to substantially the same business decision or underlying facts by individuals who followed the procedures set forth in subsections 3 and 5 above and are represented by the same counsel or coordinated counsel, and if no substantive ruling has been made in an arbitration between you and McDonald's relating to that decision or those facts, then both you and McDonald's have the unilateral right to opt out of this arbitration provision and have your dispute heard in state court in DuPage County, Illinois or in the United States District Court for the Northern District of Illinois by sending a written notice to the other party; and with the exception of subparts 9 and 12 above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained herein.213Second, for a period of 60 days after the non-initiating party's receipt of the notice, or at a later date if you and McDonald's mutually agree to enlarge the 60-day period, the parties shall make a good-faith attempt to resolve their dispute.
206If, however, either or both of subparts 9 and 12 above are found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither McDonald's nor you shall be entitled to arbitrate their dispute.214The party receiving the notice may request a telephone or video settlement conference to aid in the informal resolution of the dispute.
207In such event, you agree to bring any and all claims arising out of or related to these terms or the online services in either the state courts of DuPage County, Illinois or the United States District Court for the Northern District of Illinois.215If such a conference is requested, you and a McDonald's representative will personally attend (with counsel, if represented).
208If litigation ensues for any reason, both you and McDonald's agree to waive any right to a trial by jury.216The conference will be scheduled for a mutually-convenient time, which may be outside of the 60-day period.
209Further, notwithstanding any other language in this arbitration provision, neither you nor McDonald's shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction.217Completion of this process is a prerequisite to commencing arbitration.
210Finally, this arbitration provision is reciprocally binding on all parties, such that both you and McDonald's are required to arbitrate their claims against one another.218If the sufficiency of a notice or compliance with this process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party's election, and any arbitration shall be stayed pending the resolution of that issue.
211For more information on the AAA and its rules and procedures, you may visit the AAA Website. 10.219The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of the arbitration.
220Notwithstanding the foregoing, the party receiving the notice may choose to seek relief for non-compliance with this process in arbitration.
221Any applicable limitations periods (including statutes of limitation) shall be tolled from receipt of a notice through the conclusion of this process; 7. the arbitration of any dispute shall be administered by JAMS and conducted before a single arbitrator pursuant to the JAMS Streamlined Arbitration Rules and Procedures and any Mass Arbitration Procedures and Guidelines applicable to the dispute ("JAMS rules and procedures"), as modified by this arbitration agreement.
222The JAMS rules and procedures, including instructions on how to initiate arbitration, are available at jamsadr.com/adr-rules-procedures.
223An arbitration demand must be accompanied by a copy of the notice, a certification of compliance with the process, and a disclosure of any person or entity that is funding the arbitration in whole or in part, and be personally signed by the party initiating arbitration (and counsel, if represented).
224If you initiate arbitration, you shall send McDonald's the arbitration demand with the required materials set forth above to McDonaldsInformalDisputeResolution@us.mcd.com.
225If we initiate arbitration, we shall send you the arbitration demand with the required materials set forth above to the email address we have on file for you.
226By submitting an arbitration demand, the party and counsel represent that, as in federal court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b).
227The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.
228You may choose to have the arbitration conducted on written submissions or with a telephone, video, or in-person hearing, except any dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise.
229You and a McDonald's representative shall personally appear at any hearing (with counsel, if represented).
230Any in-person hearing shall take place in the county or parish in which you reside or at another mutually convenient location determined by the arbitrator; 8. the arbitrator shall follow these terms like a court would.
231The arbitrator may award any relief that would be available in court, including injunctive or declaratory relief, to the extent necessary to provide relief warranted by that party's individual claim.
232To the fullest extent permitted by applicable law, you and McDonald's agree that each may not bring claims against the other as a plaintiff or class member in any purported class, collective, or consolidated proceeding.
233Further, unless you and McDonald's agree otherwise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or collective proceeding.
234This waiver of class, collective, and consolidated actions is an essential part of this arbitration agreement and cannot be severed from it.
235Under no circumstance shall class arbitration or class-wide relief be permitted.
236Any exchange of information ordered by the arbitrator shall take into account proportionality, the amount at stake, and ensuring arbitration remains cost-effective, fair, and efficient for both parties.
237The arbitrator shall issue a well-reasoned decision sufficient to explain essential findings and conclusions.
238In the event an offer of judgment is made during the arbitration and rejected and ultimately any arbitration award in favor of the rejecting party is less than the offer of judgment, then the arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 in connection with the award.
239An award shall have no preclusive effect in any other proceeding involving non-identical parties; 9. arbitration fees shall be governed by the JAMS rules and procedures.
240You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration.
241Therefore, you and we may elect to engage with JAMS regarding fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties; 10. these additional procedures shall apply to a mass arbitration (defined below) along with the other provisions of this arbitration agreement.
242If 25 or more similar disputes (including yours) are asserted against McDonald's by the same or coordinated counsel ("mass arbitration"), you understand and agree that the resolution of your dispute might be delayed and ultimately proceed in court.
243Consistent with the JAMS rules and procedures, a Process Administrator shall be selected through a strike-and-rank process to address threshold administrative issues consistent with the JAMS rules and procedures.
244The parties agree that as part of these mass arbitration procedures, their counsel shall meet and confer in good faith in an effort to resolve the disputes, streamline procedures, address the exchange of information, modify the number of disputes to be adjudicated in the stages set forth below, use the Process Administrator to aid in case management, and conserve the resources of the parties and JAMS.
245If your dispute is part of a mass arbitration, any applicable limitations periods (including statutes of limitation) shall be tolled for your dispute from the time your arbitration demand is submitted to JAMS until your dispute is selected to proceed as part of a staged process, or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to these procedures; Stage One.
246If at least 50 disputes are submitted as part of the mass arbitration, counsel for the claimants and counsel for McDonald's shall each select 25 disputes to be filed and to proceed individually in arbitrations with different arbitrators selected through a strike-and-rank process.
247(If there are fewer than 50 disputes, then all shall be filed and proceed individually in arbitration.) In the meantime, no other disputes may be deemed filed or proceed as cases in arbitration and JAMS will not administer them.
248The number of disputes to proceed as part of Stage One can be increased or decreased by agreement of counsel for the parties.
249If a case is withdrawn by the claimant before the issuance of an award, another dispute shall be selected to proceed as part of Stage One.
250The arbitrators are encouraged to resolve the cases within 120 days after appointment or as swiftly as possible, consistent with fairness to the parties.
251After these arbitrations are completed, counsel for the parties shall promptly engage in a global mediation with a retired state or federal court judge, and attempt to resolve all remaining disputes while considering in good faith the results of the disputes decided as part of Stage One.
252McDonald's shall pay the mediator's fee.
253Stage Two.
254If the remaining disputes are not resolved through mediation, the process set forth in Stage One shall repeat, including a second global mediation and McDonald's will pay the mediator's fee.
255If your dispute is not resolved as part of the procedures set forth above: Option One.
256You and McDonald's may, separately or by agreement, opt your dispute out of arbitration and have it heard in a court of competent jurisdiction consistent with these terms (including the remainder of the dispute resolution section, including the class action waiver to the fullest extent permitted by applicable law).
257You may opt out of arbitration for your dispute by sending us a personally signed, written notice to McDonaldsInformalDisputeResolution@us.mcd.com that includes a clear statement that you wish to opt your dispute out of arbitration within 30 days after the conclusion of the second mediation.
258McDonald's may opt your dispute out of arbitration by sending you a personally signed, written notice that includes a clear statement that we wish to opt your dispute out of arbitration within 14 days after the expiration of your 30-day opt-out period.
259Counsel for the parties may agree to adjust these deadlines or procedures.
260Option Two.
261If neither you nor McDonald's opt your dispute out of arbitration consistent with Option One, then you agree that your dispute will be resolved as part of continuing, staged individual arbitration proceedings consistent with Stages One and Two, with four differences.
262First, a total of 100 disputes may proceed in each stage (counsel for the parties can agree to modify this number).
263Second, the cases will be randomly selected.
264Third, arbitrators who decided cases in the first two stages may be appointed in later stages if other arbitrators are not available.
265Fourth, mediation is optional and based on agreement of counsel for the parties.
266You and McDonald's agree that the parties (and counsel, if represented) will work together in good faith to implement the staged process set forth in these additional procedures for mass arbitration.
267A court of competent jurisdiction shall have the authority to enforce these additional procedures for mass arbitration, including by enjoining arbitrations.
268The additional procedures for mass arbitration and each of its requirements are essential parts of this arbitration agreement.
269If, after exhaustion of all appeals, a court of competent jurisdiction decides that the additional procedures for mass arbitration apply to your dispute and are unenforceable, then your dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these terms (including the remainder of the dispute resolution section, including the class action waiver to the fullest extent permitted by applicable law); 11. the JAMS Optional Appeal Procedures shall apply where there is an award of greater than $50,000 or an award of injunctive relief.
270Consistent with these procedures, within 14 calendar days after the award becomes final, either party may file a written notice of appeal with JAMS that includes the specific elements of the award being appealed and the legal basis.
271Such an appeal will be heard by a three-arbitrator panel selected through a strike-and-rank process unless the parties agree otherwise.
272The award will not be deemed final pending appeal for purposes of seeking judicial enforcement, modification, or vacatur consistent with the JAMS procedures. 12. if McDonald's makes any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally-signed, written notice to us that includes a clear statement that you wish to opt out of the changes to the arbitration agreement.
273Such notice must be sent to us at McDonaldsInformalDisputeResolution@us.mcd.com within 30 days of the change.
274This does not constitute an opt out of arbitration altogether.
275If you reject any future change, you are agreeing that you will arbitrate any dispute between you and McDonald's in accordance with this version of the arbitration agreement.
276Class action waiver and jury trial waiver.
277You and McDonald's agree that to the fullest extent permitted by applicable law, each party may bring claims (whether in arbitration or in court) against the other only in an individual capacity, and not participate as a claimant, plaintiff, or class member in any class, collective, or consolidated proceeding.
278Notwithstanding the foregoing, you or McDonald's retain the right to participate in a class-wide settlement.
279To the fullest extent permitted by applicable law, you and McDonald's waive the right to a jury trial.
280Governing law and venue.
281Except with respect to the arbitration agreement, the terms and use of the online services are governed by the laws of the State of Illinois without regard to Illinois conflict-of-laws rules.
282You and McDonald's irrevocably consent to the exclusive jurisdiction of the federal and state courts encompassing DuPage County, Illinois for any dispute that is not subject to arbitration, for any matter reserved for a court (other than small claims court) in the terms, and for any challenge to the enforceability of the arbitration agreement.
283You and we waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to (a) inconvenient forum or (b) any other basis or right to seek to transfer or change venue of any such action to another court. 11.
218If you have any concerns regarding content in the mobile application, please contact McDonald's as described within these terms, depending on the nature of your concern; Except as otherwise expressly set out in these terms, any claims relating to the possession or use of the mobile application Version are between you and McDonald's; neither Google nor Apple shall be a party; and Neither Apple nor Google will be responsible or liable to you in relation to any third party claim, or the investigation, defense, settlement and discharge thereof: (i) that your possession or use (in accordance with these terms) of the mobile application infringes any intellectual property rights; (ii) relating to any product warranties other than in the Platform Terms, whether express or implied; (iii) product liability claims; (iv) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; and (v) claims arising under consumer protection or similar legislation.290If you have any concerns regarding content in the mobile application, please contact McDonald's as described within these terms, depending on the nature of your concern; Except as otherwise expressly set out in these terms, any claims relating to the possession or use of the mobile application Version are between you and McDonald's; neither Google nor Apple shall be a party; and Neither Apple nor Google will be responsible or liable to you in relation to any third-party claim, or the investigation, defense, settlement and discharge thereof: (i) that your possession or use (in accordance with these terms) of the mobile application infringes any intellectual property rights; (ii) relating to any product warranties other than in the Platform Terms, whether express or implied; (iii) product liability claims; (iv) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; and (v) claims arising under consumer protection or similar legislation.
221Apple and Google shall be intended third-party beneficiaries of this section. 11.293Apple and Google shall be intended third-party beneficiaries of this section. 12.
223For more information, please review our McDonald's Digital Accessibility page. 12.295For more information, please review our McDonald's Digital Accessibility page. 13.
227These terms will be governed and interpreted pursuant to the laws of Illinois, notwithstanding any principles of conflicts of law.299Although these terms govern the online services as between McDonald's and you only (and neither Apple nor any other Members of the McDonald's System are parties to these terms), Apple and all other Members of the McDonald's System are third-party beneficiaries under these terms and will have the right to enforce against you those rights that McDonald's holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.
228Although these terms govern the online services as between McDonald's and you only (and neither Apple nor any other Members of the McDonald's System are parties to these terms), Apple and all other Members of the McDonald's System are third party beneficiaries under these terms and will have the right to enforce against you those rights that McDonald's holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.—Removed
232Upon termination, all rights of McDonald's and other Members of the McDonald's System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers, and all of Section 9 ("How we settle disputes").303Upon termination, all rights of McDonald's and other Members of the McDonald's System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers, and all dispute resolution provisions (including the arbitration agreement, class action waiver, jury trial waiver, governing law, and venue).
233Each of the terms and conditions in these terms are severable and operate separately.304Except as otherwise provided herein, each of the terms and conditions in these terms are severable and operate separately.
238MyMcDonald's Rewards Terms (USA) Effective: October 20, 2023 In certain geographical areas, McDonald's makes available its MyMcDonald's Rewards program ("MyMcDonald's Rewards", or the "program").309You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided.
310You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
311MyMcDonald's Rewards Terms (USA) In certain geographical areas, McDonald's makes available its MyMcDonald's Rewards program ("MyMcDonald's Rewards", or the "program").
244You understand and acknowledge that you have already agreed to the online services terms when you registered and logged into your online services account.317You understand and acknowledge that you have already agreed to the online services terms when you registered your online services account.
245Although the program terms are intended to supplement and not to change the online services terms, in the event of a conflict between the program terms and online services terms that relates to the program itself, the program terms will control.318Although the program terms are intended to supplement and not to change the online services terms, in the event of a conflict between the program terms and online services terms that relate to the program itself, the program terms will control.
322We may modify, restrict, or change the program or the program structure at any time, which changes may include, but are not limited to, changing the number of points you may earn for a particular type of activity or the number of points needed to obtain a reward, the method by which you can identify your online services account at the time of purchase, what constitutes as an eligible purchase, the types of rewards available, and the conditions under which points or rewards expire or are forfeited.
327The program is void where restricted or prohibited by law.
255You can identify your online services account at the time of purchase by any way that we recognize, such as: (a) making a purchase using the Mobile Order & Pay feature of the mobile app, (b) scanning a QR code at a register or kiosk, or (c) giving the code displayed in your account to the restaurant crew person who is taking your order.330From time to time, we may offer bonus campaigns that include point accelerators.
331We also may impose limitations on how many transactions are eligible for point accrual and the number of points available per transaction (per hour, day, month, or otherwise).
332You can identify your online services account at the time of purchase by any way that we recognize, such as: (a) making a purchase using the Mobile Order & Pay feature of the mobile app or website, (b) scanning a QR code at a register or kiosk, or (c) giving the code displayed in your account to the restaurant crew person who is taking your order.
333We may add or remove ways to identify your online services account.
257As long as you ordered at a restaurant that participates in MyMcDonald's Rewards, you can use your receipt from the restaurant to get missing points in the McDonald's app.335You will need your valid purchase receipt from a restaurant that participates in MyMcDonald's Rewards to request a manual adjustment.
336If you return any products for which you have been awarded points, McDonald's may deduct the points earned in connection with the returned products.
261Further, the following are not considered qualifying purchases and will not accrue points: (a) taxes, bag and bottle fees, and other surcharges or fees, and (b) loading any money on a McDonald's Arch card (gift card), but when a McDonald's Arch card is used to make a qualifying purchase, you will accrue points.340Further, the following are not considered qualifying purchases and will not accrue points: (a) taxes, bag and bottle fees, and other surcharges or fees, and (b) loading any money on a McDonald's Arch Card (gift card).
341However, when you use a McDonald's Arch Card to make a qualifying purchase, you may accrue points.
264Points that you earn may not always immediately post to your account.344Points that you earn may not always immediately be posted to your account.
265You are responsible to ensure points from your qualifying purchases are correct.345You are responsible for ensuring points from your qualifying purchases are correct.
266If you believe points from your qualifying purchase were incorrectly calculated, you must notify McDonald's within six (6) months of the qualifying purchase by providing your receipt to McDonald's Customer Care.346If you believe points from your qualifying purchase were incorrectly calculated, or are missing, you must notify McDonald's within six (6) months of the qualifying purchase date by providing the receipt information to McDonald's Customer Care.
267McDonald's has the sole discretion to determine points in your account and McDonald's has no liability for any delay or failure to correctly credit points to your account.347McDonald's has the sole discretion to determine if any points should be added to your account, and McDonald's has no liability for any delay or failure to correctly credit points to your account.
269You can exchange your points for rewards for free products on the Rewards Menu (each a "reward"), which you can then use at participating restaurants.349You can exchange your points for rewards (each a "reward"), which you can then use at participating restaurants.
350Available rewards may include discounts or free products, as listed on the rewards & deals page in the app (the "Rewards Menu").
271If you have enough points for a reward, the reward will be unlocked in the online services and be available for a points exchange.352If you have enough points for a reward, the reward will be unlocked in the online services and will be available for a points exchange.
272Potential rewards for which you don't have enough points may be displayed but locked.353Potential rewards for which you don't have enough points may be displayed, but locked, on the Rewards Menu.
274The reward will temporarily remain in your account until you redeem it for a product, and if you do not, it will be converted back to points.355The reward will temporarily remain in your account until you redeem it, and if you do not, it will be converted back to points.
277When you redeem your reward for a product, you are obtaining that product directly from the participating restaurant, not from other Members of the McDonald's System.358When you redeem your reward for a product, you obtain that product directly from the participating restaurant, not from other Members of the McDonald's System.
359Partner rewards.
360You may be able to redeem points for goods, services, or discounts available from McDonald's third-party program partners (each a "program partner").
361McDonald's decides in its sole discretion whether you are eligible to redeem points with a program partner.
362If you are eligible, you will see your available reward options through the online services.
363If you redeem points for a program partner reward, that reward will also be governed by the program partner's terms and conditions.
364McDonald's does not operate, and is not responsible for, any program partner's terms and conditions.
365McDonald's and its program partners may review and investigate all redemption and use activity and take any action if they suspect abuse, terms violation, or fraud.
366By redeeming points with a program partner, you direct McDonald's, where necessary, to share your information to track and process your redemption.
367McDonald's and its program partners reserve the right to limit redemptions to accounts that are registered to the same individual.
368Program partners are independent third parties, and their offering of rewards shall not be construed to create an agency, partnership, joint venture, or employer-employee relationship with McDonald's.
369McDonald's does not control how program partners operate, fulfill requests/redemptions, or manage staff personnel.
370If you experience any issues or problems with the goods or services from a program partner, you must resolve it directly with the program partner.
371You acknowledge and agree that McDonald's only obligation regarding program partners' rewards is to send you the information you need to redeem the program partner's reward.
372You acknowledge that McDonald's has no authority over the program partner's accounting for redemptions, posting timelines, or redemption availability, and McDonald's shall not be liable for any program partner's: (i) failure to credit your account for your redemption; (ii) change to the program partner's pricing or loyalty program offerings, rewards, or terms; (iii) bankruptcy or insolvency; or (iv) cessation of operations.
373In addition to the language set forth in Section set forth in Section 9, above, you understand that any claim or dispute arising out of, or relating to, the redemption of points with a program partner or a program partner reward (including issues regarding your personal information) must be brought exclusively against the program partner.
374You agree not to bring any claims against McDonald's for the actions or failures of a program partner.
375McDonald's specifically disclaims all warranties, both express and implied, regarding goods or services provided by a program partner.
280McDonald's has the sole discretion to offer, change and terminate the different ways to earn and redeem points, including for example, the points associated with bonus campaigns and accelerators.378McDonald's has the sole discretion to offer, change, and terminate the different ways to earn and redeem points, including for example, the points associated with bonus campaigns and accelerators.
283McDonald's publishes eligible rewards in the online services and identifies how many points are required for each reward.381McDonald's publishes eligible rewards on the Rewards Menu in the online services and identifies how many points are required for each reward.
285McDonald's makes no promise of the continued availability of any reward, even if it is displayed to you in the online services.383McDonald's makes no promise of the continued availability of any reward, even if it is displayed to you on the Rewards Menu or otherwise in the online services.
286Rewards are available until supplies last at participating restaurants and may be modified, changed and discontinued at any time.384Rewards are available while supplies last, at participating restaurants, and may be modified, changed, and discontinued at any time.
291Upon termination of your online services account for any reason (including, but not limited to, whether you choose to close your account or McDonald's terminates your account for a violation of these terms), all points that you have accumulated in MyMcDonald's Rewards will immediately expire.389Upon termination of your online services account for any reason (including, but not limited to, whether you choose to close your account or McDonald's terminates your account for a violation of these terms), all points that you have accumulated in MyMcDonald's Rewards will immediately be voided and expire.
292By opting out of the MyMcDonald's Rewards program, all points and rewards you have earned until now will no longer be available.390By opting out of the MyMcDonald's Rewards program, you will immediately lose all points and rewards.
294McDonald's has the discretion to invalidate or void points from your online services account, or to suspend or terminate your account (both now and in the future), if McDonald's believes you improperly obtained points, abused the program or otherwise violated these terms.392McDonald's has the discretion to invalidate or void points from your online services account, or to suspend or terminate your account (both now and in the future), if McDonald's believes you improperly obtained points, abused the program, otherwise violated these terms or any other terms applicable to or related to this program, or otherwise used or acted in a way that is inconsistent with these terms or the intent of the program.
295In that event, you forfeit any points you have accumulated (including properly obtained points) and you forfeit your right to earn points in the future.393In such event, you immediately forfeit any points and rewards you have accumulated (including properly obtained points) and you forfeit your right to earn points and rewards in the future.
297McDonald's determination is final.395All McDonald's determinations are final.
301Points are not assignable or transferrable between online services accounts or otherwise, and points cannot be combined across accounts, regardless of who registered the account.399Points are not assignable or transferable between online services accounts or otherwise, and points cannot be combined across accounts, regardless of who registered the account.
400Your MyMcDonald's Rewards account is not a gift card, stored value card, debit card, or credit card.
304We are also constantly improving the program and we may have exciting new offers.403We are also constantly improving the program, and we may have exciting new offers.
305McDonald's reserves the right, in its sole discretion, to cancel, change, modify or discontinue MyMcDonald's Rewards, in whole or in part, including any terms, rules, features, benefits, rewards, conditions of participation, points accruing or accumulation ratio, the points redemption policy, the points expiration policy, or any other aspect of the program at any time, and such changes may affect points and rewards already in your account.404McDonald's reserves the right, in its sole discretion, to cancel, change, modify, or discontinue MyMcDonald's Rewards, in whole or in part, including any terms, rules, features, benefits, rewards, conditions of participation, points accruing or accumulation ratio, the points redemption policy, the points expiration policy, or any other aspect of the program at any time, and such changes may affect points, their redemption value, and rewards already in your account.
307McDonald's may make changes to any element of the program to correct for typographical, printing or other errors and you waive any rights relating to same.406McDonald's may make changes to any element of the program to correct for typographical, printing, or other errors and you waive any rights relating to same.
309At all times, you are solely responsible for remaining knowledgeable about and in compliance with these terms.408Your continued use of the program after such changes constitutes your acceptance of the updated terms.
409At all times, you are responsible for staying knowledgeable about and in compliance with these terms.
314McDonald's Text Messaging Program Terms & Conditions (USA) Last Updated: October 20, 2023 Important: These text messaging program terms & conditions (USA) apply only if you have opted in to a text messaging program of McDonald's USA, LLC ("McDonald's") and may include both short message service (SMS) and multimedia message service (MMS) functionality.414McDonald's Text Messaging Program Terms & Conditions (USA) Important: These text messaging program terms & conditions (USA) apply only if you have opted in to a text messaging program of McDonald's USA, LLC ("McDonald's") and may include both short message service (SMS) and multimedia message service (MMS) functionality.
321By subscribing to McDonald's text messaging program, you consent to receiving text marketing messages at the mobile number you provided using automated technology from or on behalf of McDonald's (and its agencies and services providers) via the short code provided within the campaign and understand that consent is not a condition of purchasing any property, goods, or services.421By subscribing to McDonald's text messaging program, you consent to receiving text marketing messages at the mobile number you provided using automated technology from or on behalf of McDonald's (and its agencies and services providers) via the short code provided within the campaign.
422You also understand that consent to receive such text messages is not a condition of any property, goods or services, and purchases may be made without opting in to text messaging.
340To stop receiving text messages from McDonald's text STOP to the McDonald's number you opted in to opt out of McDonald's text messaging program.441To stop receiving text messages from McDonald's reply STOP to the number from which you are receiving messages.
346At any time during the campaign, you can text the following to us: HELP, or STOP,.447At any time during the campaign, you can text the following to us: HELP, or STOP.
348Contact Us If you have additional questions or comments, please contact us, call us at (866) 970-0106, or email us at contact.privacy@us.mcd.com.449Contact Us If you have additional questions or comments, please contact us, call us at (888) 511-9903, or email us at contact.privacy@us.mcd.com.
349McDonald's Delivery Program Terms (USA) Effective: October 20, 2023 In certain geographical areas, you can place a delivery order via the McDonald's mobile app ("delivery" or "delivery program").450McDonald's Delivery Program Terms (USA) Effective: October 20, 2023 In certain geographical areas, you can place a delivery order via the McDonald's mobile app or website ("delivery" or "delivery program").
360The purpose of the delivery program is to provide customers with a convenient way to place an order for products through the McDonald's mobile app for delivery.461The purpose of the delivery program is to provide customers with a convenient way to place an order for products through the McDonald's mobile app or website for delivery.
361To participate in the delivery program, you will need to enter your address, name, and phone number, and McDonald's will share the information you enter with the third-party delivery provider assigned to your order, and such information will be subject to McDonald's Privacy Statement and/or the third-party delivery provider's privacy policy, if applicable.462To participate in the delivery program, you will need to enter your address, name, and phone number, and McDonald's will share the information you enter with the third-party order integrator and delivery provider assigned to your order, and such information will be subject to McDonald's Privacy Statement and/or the third-party provider's privacy policy, if applicable.
365Registering your payment method For payment cards that you register to use with the online services, McDonald's and the restaurants use third party payment services providers to securely store your payment card information and process your payments to restaurants and third-party delivery providers.466Registering your payment method For payment cards that you register to use with the online services, McDonald's and the restaurants use third-party payment services providers to securely store your payment card information and process your payments to restaurants and third-party delivery providers.
373Third party delivery provider responsibilities McDonald's and the restaurants use third-party delivery providers for the delivery program.474You may be able to add funds to your Arch Card to spend at participating McDonald's restaurants using the Arch Card stored value feature.
475If you use the stored value features of the Arch Card, additional terms and conditions may apply.
476For example: there may be limits on the number of cards you can purchase, transaction value, or daily spend; there may be minimum and maximum stored value balance limits; and you may be unable to return, receive cash refunds, or to exchange the stored value balance for cash unless applicable law requires it.
477You must use a supported payment method to add funds to your Arch Card, and you may enable recurring funds transfers if you authorize it.
478For a complete description of the terms and conditions applicable to the Arch Card stored value feature, please review the McDonald's Arch Card Terms and Conditions.
479Third-party delivery provider responsibilities McDonald's and the restaurants use third-party delivery providers for the delivery program.
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