Grubhub · Grubhub Terms of Use · View original document ↗

Mandatory Binding Arbitration

High severity High confidence Explicitdocumentlanguage Uncommon · 28 of 325 platforms
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Document Record

What it is

If you have a dispute with Grubhub, you must resolve it through private arbitration rather than by suing the company in court, with limited exceptions for intellectual property claims.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

Arbitration is a private process that typically favors the stronger party and limits your ability to appeal decisions; once you are bound, you cannot take Grubhub to court over most issues.

Consumer impact (what this means for users)

This provision removes the right to file a lawsuit in court against Grubhub for disputes about your account, orders, or service, and substitutes a private arbitration process over which you have less procedural control.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Within 30 days
    Send a written notice clearly stating your name, account email, and that you are opting out of the arbitration agreement within 30 days of first creating your Grubhub account. Retain a copy of your notice and any confirmation of delivery.

How other platforms handle this

Unity High

YOU AND UNITY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF OR THE USE OF THE SERVICES (COLLECTIVELY, "DISPUTES") WILL BE SETTLED BY BINDING ARBITRATION, EXCEPT THAT EACH PARTY RETAIN...

Whoop High

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU HAVE A RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT, AS DESCRIBED BELOW. By agreeing to these Terms, you agree...

OpenAI High

You and OpenAI agree to resolve any claims arising out of or relating to these Terms or our Services through final and binding arbitration, except that you may bring claims in small claims court if they qualify. You may opt out of arbitration within 30 days of agreeing to these Terms by writing to u...

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▸ View Original Clause Language DOCUMENT RECORD
"
You and Grubhub agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or to the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

— Excerpt from Grubhub's Grubhub Terms of Use

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

REGULATORY LANDSCAPE: The Federal Arbitration Act generally supports enforcement of pre-dispute arbitration clauses in consumer contracts, though the FTC and state attorneys general have increasingly scrutinized such provisions. California courts have developed exceptions for public injunctive relief claims under the Broughton-Cruz doctrine, and the provision's enforceability may vary by jurisdiction. GOVERNANCE EXPOSURE: High. Mandatory pre-dispute arbitration in consumer contracts is a high-profile regulatory target, with the CFPB having previously attempted rulemaking to restrict such clauses in consumer financial services and the FTC signaling increased scrutiny of dispute resolution practices that limit consumer access to courts. JURISDICTION FLAGS: California consumers may retain the right to seek public injunctive relief in court notwithstanding this clause under McGill v. Citibank. New Jersey, Washington, and other states have enacted or proposed limitations on consumer arbitration clauses. EU users would not be subject to this clause under applicable EU law. CONTRACT AND VENDOR IMPLICATIONS: B2B partners and merchants contracting with Grubhub should assess whether this arbitration clause applies to their relationship as well, or whether a separate commercial agreement governs. The clause shifts dispute resolution costs and procedural dynamics in ways that may affect indemnification and liability allocation in partner contracts. COMPLIANCE CONSIDERATIONS: Compliance teams should verify that the opt-out mechanism is operationally functional, clearly disclosed at account creation, and that records of opt-out elections are maintained. The notice adequacy of the 30-day window should be reviewed given regulatory and judicial scrutiny of consumer arbitration notice practices.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has authority over unfair or deceptive consumer practices, and mandatory arbitration clauses in consumer contracts are within its consumer protection oversight scope.
    File a complaint →
  • State AG
    State attorneys general in California and other states with consumer arbitration restrictions have enforcement authority over potentially unenforceable arbitration clauses in consumer contracts.
    File a complaint →

Applicable regulations

FAA
United States Federal

Provision details

Document information
Document
Grubhub Terms of Use
Entity
Grubhub
Document last updated
May 5, 2026
Tracking information
First tracked
May 8, 2026
Last verified
May 10, 2026
Record ID
CA-P-009183
Document ID
CA-D-00145
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
7704b5d9ba71aeb92f860ac239dafe95ac081deac40e207ef12adae1d1884dbe
Analysis generated
May 8, 2026 04:13 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Grubhub
Document: Grubhub Terms of Use
Record ID: CA-P-009183
Captured: 2026-05-08 04:13:09 UTC
SHA-256: 7704b5d9ba71aeb9…
URL: https://conductatlas.com/platform/grubhub/grubhub-terms-of-use/mandatory-binding-arbitration/
Accessed: May 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Grubhub's Mandatory Binding Arbitration clause do?

Arbitration is a private process that typically favors the stronger party and limits your ability to appeal decisions; once you are bound, you cannot take Grubhub to court over most issues.

How does this clause affect you?

This provision removes the right to file a lawsuit in court against Grubhub for disputes about your account, orders, or service, and substitutes a private arbitration process over which you have less procedural control.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 28 platforms. See the full comparison.

Is ConductAtlas affiliated with Grubhub?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Grubhub.