This analysis describes what Heap'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
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These terms don't limit liability for gross negligence or willful misconduct.
THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF DOORDASH FOR (Y) DEATH OR PERSONAL INJURY CAUSED BY DOORDASH'S NEGLIGENCE OR WILLFUL MISCONDUCT, OR (Z) ANY INJURY CAUSED BY DOORDASH'S FRAUD OR FRAUDULENT MISREPRESENTATION.
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...
"Except for: (a) the Parties' express obligations under Section 9 (Third-Party Claims); (b) damages resulting from death or bodily injury...caused by either Party's gross negligence; (c) damages resulting from either Party's gross negligence or willful misconduct...Excerpt from Heap's Contentsquare Master Service Agreement
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The clause states: “Except for: (a) the Parties' express obligations under Section 9 (Third-Party Claims); (b) damages resulting from death or bodily injury...caused by either Party's gross negligence; (c) damages resulting from either Party's gross negligence or willful misconduct...”
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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