“IN NO EVENT SHALL GRUBHUB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, NEGLIGENCE, TORT OR ANY OTHER ACTION OF ANY TYPE EXCEED IN THE AGGREGATE (A) THE AMOUNT PAID BY YOU TO GRUBHUB OR A MERCHANT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS).”
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 cap limits financial recovery from Grubhub to a small fixed ceiling regardless of the actual harm suffered, which could be far greater.
Interpretive note: The excerpt uses ellipses, suggesting there may be additional conditions or qualifications in the full clause not visible here.
Users are limited in what they can recover from Grubhub, with recovery capped at an amount that may be significantly lower than any actual loss.
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SUBJECT TO THE NON-EXCLUDABLE PROVISIONS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOORDASH'S AGGREGATE LIABILITY UNDER ALL THEORIES OF LAW AND EQUITY...SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO DOORDASH IN THE SIX (6) MONTH PERIOD...
We are liable for making sure that funds credited to you from Tap to Pay transactions are credited to your business profile...solely to the extent we receive such funds from the relevant card scheme, bank acquirer or other third-party
DATADOG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE...
"IN NO EVENT SHALL GRUBHUB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, NEGLIGENCE, TORT OR ANY OTHER ACTION OF ANY TYPE EXCEED IN THE AGGREGATE (A) THE AMOUNT PAID BY YOU TO GRUBHUB OR A MERCHANT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS).Excerpt from Grubhub's Terms of Use
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The cap limits financial recovery from Grubhub to a small fixed ceiling regardless of the actual harm suffered, which could be far greater.
Users are limited in what they can recover from Grubhub, with recovery capped at an amount that may be significantly lower than any actual loss.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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