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The agreement requires users to defend and indemnify Grubhub, its subsidiaries, affiliates, and associated personnel against any claims, damages, liabilities, or expenses arising from the user's use of the service or violation of the terms.
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 creates a contractual obligation for users to cover Grubhub's legal costs and damages in claims arising from the user's platform activity or breach of the terms, including attorney's fees.
Interpretive note: Enforceability of broad consumer indemnification clauses may vary by jurisdiction and by the nature of the underlying claim or user conduct.
Under this clause, a user who violates the terms or whose platform use gives rise to third-party claims may be required to cover Grubhub's defense costs and any resulting damages, including attorney's fees.
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"You agree to defend, indemnify and hold harmless Grubhub and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above.Excerpt from Grubhub's Terms of Use
(1) REGULATORY LANDSCAPE: Consumer indemnification clauses in standard form contracts engage state consumer protection statutes and may be evaluated under unfair contract terms frameworks. Some jurisdictions, including the European Union under its Unfair Contract Terms Directive, may find broad indemnification obligations in consumer contracts to be unfair and therefore non-binding. (2) GOVERNANCE EXPOSURE: Medium. The indemnification obligation is broad, covering all claims arising from use of the service rather than being limited to intentional misconduct or gross negligence. Enforceability against individual consumers in the context of routine platform use may be limited in practice. (3) JURISDICTION FLAGS: EU consumer protection law generally considers broad indemnification clauses in consumer contracts to be unfair and unenforceable. California and other U.S. states with strong consumer protection frameworks may limit enforcement of indemnification obligations against consumers in standard form contracts. (4) CONTRACT AND VENDOR IMPLICATIONS: The indemnification clause covers Grubhub's subsidiaries, agents, licensors, managers, affiliated companies, employees, contractors, agents, officers, and directors, representing a broad class of indemnified parties. This is broader than some standard platform indemnification provisions. (5) COMPLIANCE CONSIDERATIONS: Legal teams assessing this provision should evaluate whether the indemnification obligation is enforceable against individual consumers under applicable state law, and whether any limitations apply based on the nature of the user's conduct.
Regulatory citations, enforcement risk, and due diligence action items.
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
This provision creates a contractual obligation for users to cover Grubhub's legal costs and damages in claims arising from the user's platform activity or breach of the terms, including attorney's fees.
Under this clause, a user who violates the terms or whose platform use gives rise to third-party claims may be required to cover Grubhub's defense costs and any resulting damages, including attorney's fees.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Grubhub.