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 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.'
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WITH RESPECT TO RESIDENTS OF NEW JERSEY, TARGET OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES...UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF TARGET'S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
OPENAI'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
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"IF YOU ARE A CONSUMER RESIDING IN NEW JERSEY, THE FOLLOWING PROVISIONS OF THIS AGREEMENT DO NOT APPLY TO YOU (AND DO NOT LIMIT ANY RIGHTS THAT YOU MAY HAVE) TO THE EXTENT THAT THEY ARE UNENFORCEABLE UNDER NEW JERSEY LAW...Excerpt from Grubhub's Terms of Use
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Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
The clause states: “IF YOU ARE A CONSUMER RESIDING IN NEW JERSEY, THE FOLLOWING PROVISIONS OF THIS AGREEMENT DO NOT APPLY TO YOU (AND DO NOT LIMIT ANY RIGHTS THAT YOU MAY HAVE) TO THE EXTENT THAT THEY ARE UNENFORCEABLE UNDER NEW JERSEY LAW...”
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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