“IN NO EVENT SHALL GRUBHUB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, NEGLIGENCE, TORT OR ANY OTHER ACTION OF ANY TYPE EXCEED IN THE AGGREGATE (A) THE AMOUNT PAID BY YOU TO GRUBHUB OR A MERCHANT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS).”
This analysis describes what Grubhub's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The cap limits financial recovery from Grubhub to a small fixed ceiling regardless of the actual harm suffered, which could be far greater.
Interpretive note: The excerpt uses ellipses, suggesting there may be additional conditions or qualifications in the full clause not visible here.
The updated terms establish a new rewards program allowing users to earn Grubhub credits by making in-store purchases with linked credit cards at participating merchants. To participate, users must link an eligible card, select an offer in the Grubhub app before visiting the merchant, and use that linked card to complete a qualifying purchase. Credits earned expire 30 days after being applied to the account and can only be redeemed for future Grubhub orders on grubhub.com, seamless.com, or the Grubhub or Seamless app; they have no cash value and cannot be exchanged, transferred, or redeemed for cash. You can opt out of the program and remove your enrolled card at any time by visiting your Account, clicking on 'The Drop,' and selecting 'Manage' next to 'Linked Cards.'
View change record →Users are limited in what they can recover from Grubhub, with recovery capped at an amount that may be significantly lower than any actual loss.
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"IN NO EVENT SHALL GRUBHUB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, NEGLIGENCE, TORT OR ANY OTHER ACTION OF ANY TYPE EXCEED IN THE AGGREGATE (A) THE AMOUNT PAID BY YOU TO GRUBHUB OR A MERCHANT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS).Excerpt from Grubhub's Terms of Use
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The cap limits financial recovery from Grubhub to a small fixed ceiling regardless of the actual harm suffered, which could be far greater.
Users are limited in what they can recover from Grubhub, with recovery capped at an amount that may be significantly lower than any actual loss.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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