Provision record
McDonald's · McDonald's Terms of Use · View original document ↗

Limitation of Liability and As-Is Service Disclaimer

Medium severity Medium confidence Explicit document language Unique · 0 of 352 platforms
Stay ahead of the changes
Track McDonald's and get the diff the day its terms change.
Share 𝕏 Share in Share 🔒 PDF
Document Record

What it is

McDonald's and all Members of the McDonald's System disclaim liability for direct, indirect, consequential, special, exemplary, or incidental damages including lost data, personal injury, and property damage arising from the online services, subject to carve-outs for gross negligence, intentional misconduct, and consumer rights that cannot be limited under applicable law. The services are provided on an as-is basis without any express or implied warranties.

This analysis describes what McDonald's'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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision excludes a broad range of damages categories arising from the online services, extending the disclaimer to all Members of the McDonald's System including franchisees, subsidiaries, and affiliates. The carve-outs for gross negligence, intentional misconduct, and applicable consumer statutory rights are expressly included, which limits the disclaimer's absolute scope.

Interpretive note: Enforceability of the personal injury and property damage exclusion varies significantly by jurisdiction; courts in several states have declined to enforce such waivers in consumer adhesion contracts as contrary to public policy.

Clause Stability Stable

0
Changes
3
Months Monitored
Jul 9, 2026
First Seen
Jul 9, 2026
Last Seen

Consumer impact (what this means for users)

Under this clause, users agree that McDonald's and its system members are not liable for lost profits, lost data, personal injury, or property damage arising from use of the online services, except where caused by McDonald's gross negligence or intentional misconduct. The agreement states that consumer rights that cannot be limited under applicable law are not affected by this disclaimer.

Cross-platform context

See how other platforms handle Limitation of Liability and As-Is Service Disclaimer and similar clauses.

Compare across platforms →
▸ View Original Clause Language DOCUMENT RECORD
"
Neither McDonald's nor any other Members of the McDonald's System shall be liable for any direct or indirect lost profits or lost business damage, special, indirect, consequential, exemplary or incidental damages, including lost data, personal injury or property damage related to or arising out of the online services or out of the acts or omissions of Members of the McDonald's System whether arising out of contract, tort or ordinary negligence. Nothing in this section is intended to limit McDonald's liability for damages to the extent caused by McDonald's own gross negligence or intentional or unlawful misconduct. Additionally, nothing in this section is intended to limit or alter your rights as a consumer that cannot be limited or altered under applicable law. McDonald's provides the online services "as is" and without warranties of any kind either expressed or implied.

Excerpt from McDonald's's Terms of Use

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1) REGULATORY LANDSCAPE: Limitation of liability clauses in consumer-facing digital service agreements are assessed under the FTC Act and applicable state consumer protection statutes.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Provision details

Document information
Document
McDonald's Terms of Use
Entity
McDonald's
Document last updated
May 5, 2026
Tracking information
First tracked
May 8, 2026
Last verified
July 9, 2026
Record ID
CA-P-014398
Document ID
CA-D-00626
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
29a5a7dffc5c60bf644d978dbbb1da6da79e53e1d412dbd448cb6dc5a8a16610
Analysis generated
May 8, 2026 00:00 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: McDonald's
Document: McDonald's Terms of Use
Record ID: CA-P-014398
Captured: 2026-05-08 00:00:10 UTC
SHA-256: 29a5a7dffc5c60bf…
URL: https://conductatlas.com/platform/mcdonalds/mcdonalds-terms-of-use/provision/CA-P-014398/limitation-of-liability-and-as-is-service-disclaimer/
Accessed: Aug. 12, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

Other risks in this policy

Get the research letter

Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.

Frequently Asked Questions

What does McDonald's's Limitation of Liability and As-Is Service Disclaimer clause do?

This provision excludes a broad range of damages categories arising from the online services, extending the disclaimer to all Members of the McDonald's System including franchisees, subsidiaries, and affiliates. The carve-outs for gross negligence, intentional misconduct, and applicable consumer statutory rights are expressly included, which limits the disclaimer's absolute scope.

How does this clause affect you?

Under this clause, users agree that McDonald's and its system members are not liable for lost profits, lost data, personal injury, or property damage arising from use of the online services, except where caused by McDonald's gross negligence or intentional misconduct. The agreement states that consumer rights that cannot be limited under applicable law are not affected by this disclaimer.

Is ConductAtlas affiliated with McDonald's?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by McDonald's.