The agreement limits Grubhub's liability for indirect, punitive, incidental, special, consequential, or exemplary damages, and caps total liability to any user at the greater of amounts paid to Grubhub in the prior 12 months or $100.
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
This provision establishes the maximum financial exposure Grubhub accepts for claims arising from platform use, which defines the ceiling of recoverable damages for any individual user claim under these terms.
Interpretive note: Enforceability of the liability cap may vary by jurisdiction and by the nature of the underlying claim, particularly where statutory damages or personal injury are involved.
Under this clause, the maximum amount a user may recover from Grubhub for most claims arising from platform use is capped at the greater of fees paid in the prior 12 months or $100, and the agreement excludes recovery of indirect, consequential, or punitive damages to the extent permitted by applicable law.
How other platforms handle this
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The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRUBHUB, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL GRUBHUB BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRUBHUB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE.Excerpt from Grubhub's Terms of Use
(1) REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts engage state consumer protection statutes that may restrict the ability to limit damages for certain types of harm.
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This provision establishes the maximum financial exposure Grubhub accepts for claims arising from platform use, which defines the ceiling of recoverable damages for any individual user claim under these terms.
Under this clause, the maximum amount a user may recover from Grubhub for most claims arising from platform use is capped at the greater of fees paid in the prior 12 months or $100, and the agreement excludes recovery of indirect, consequential, or punitive damages to the extent permitted by applicable law.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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