Any legal disputes about these terms are governed by Delaware law, regardless of where you live or where you used the service.
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
Delaware law governs your rights under this agreement, which may differ from the consumer protection laws of your home state that might otherwise provide stronger protections.
Interpretive note: Courts in several states with strong consumer protection statutes have declined to apply foreign choice of law provisions where doing so would deprive consumers of statutory rights.
Applying Delaware law may limit the consumer protections available to you compared to the laws of your home state, particularly if you reside in California, New York, or another state with more expansive consumer protection statutes.
How other platforms handle this
This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Each party irrevocably submits to the exclusive jurisdiction of the courts of Ontario, Canada for t...
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco County, California.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal court...
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"These Terms shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles.— Excerpt from Grubhub's Grubhub Terms of Use
REGULATORY LANDSCAPE: Choice of law clauses designating Delaware are broadly standard in U.S. corporate contracts, but courts in California, New Jersey, and other states with strong consumer protection statutes have declined to apply foreign state law where it would deprive consumers of protections available under their home state law. The FTC and state attorneys general may assert jurisdiction based on where consumers are harmed, regardless of contractual choice of law. GOVERNANCE EXPOSURE: Low to Medium. Delaware choice of law is a standard and broadly enforceable provision in commercial contexts, but may be subject to challenge in consumer contract disputes where application would violate the public policy of the consumer's home state. JURISDICTION FLAGS: California, New Jersey, Massachusetts, and other states with comprehensive consumer protection laws have mechanisms to override contractual choice of law provisions that would deprive consumers of statutory rights. EU and UK consumers are not bound by Delaware choice of law under applicable mandatory consumer protection provisions. CONTRACT AND VENDOR IMPLICATIONS: Commercial partners should assess whether their agreements with Grubhub incorporate the same governing law and whether that is appropriate for their relationship and jurisdiction. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the Delaware choice of law provision creates any gap between contractual rights and the consumer protection obligations Grubhub owes in each state of operation, particularly for subscription, privacy, and dispute resolution obligations.
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Delaware law governs your rights under this agreement, which may differ from the consumer protection laws of your home state that might otherwise provide stronger protections.
Applying Delaware law may limit the consumer protections available to you compared to the laws of your home state, particularly if you reside in California, New York, or another state with more expansive consumer protection statutes.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Grubhub.