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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this Section 14 states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement covered by this Section 14.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Company will be responsible for all costs of collections and damages if amounts owed are not paid in full by Company.
"You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Grubhub, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.Excerpt from Grubhub's Terms of Use
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The clause states: “You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Grubhub, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement …”
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