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
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.
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.
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Compare across platforms →"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
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.
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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.
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.
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