If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAAs list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Grubhub will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) or (b) above, or for any acts or omissions by you or someone else using your Account and/or password. Please send this notification to our copyright agent at: Grubhub Holdings Inc., Attention: Copyright Agent, 5 Bryant Park, 15th Floor, New York, NY 10018. Also, each party retains the right to (1) elect (at any time prior to the appointment of an arbitrator) to have any claims heard in small claims court on an individual basis for disputes and actions within the scope of such courts jurisdiction, provided the proceeding remains in small claims court and is not removed or appealed to a court of general jurisdiction, and (2) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other confidential or proprietary information or intellectual property rights. They ask for 3.05% plus $0.30 processing fee as well as a 10% delivery fee. Grubhub is not a delivery company or a common carrier. Grubhub reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice. Notwithstanding the foregoing, issues related to the scope, validity, and enforceability of this Arbitration Agreement are for a court to decide. Why you should consider driving for Grubhub. UNLESS BOTH YOU AND GRUBHUB OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSONS CLAIMS (EXCEPT AS SET OUT IN SECTION VII BELOW), AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. You also agree to comply with any written requests from Diners or Grubhub to delete Diners Data. You may also opt out of certain Grubhub driver-specific email communications by following the unsubscribe link at the bottom of a Grubhub driver-related email. We may change this Agreement from time to time. By accessing the Platform, you agree and acknowledge that Delivery Partners are solely responsible for, and Grubhub shall not be liable or responsible for, the delivery services provided to you by any Delivery Partner or any subcontractors of Delivery Partners, or any acts, omissions, errors or misrepresentations made by any Delivery Partner. Access support when you need it. Code 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. All Uses will be made without notification to and/or approval by you and without the requirement of payment to you or any other person or entity. Grubhub delivery partners must: Be at least 19 years old except for Las Vegas, where they need to be 21 ; Have an iPhone with an iOS of 11 or higher or an Android with 5.0 or higher ; Have a data plan Nothing contained on the Platform and/or Materials should be interpreted as granting to you any license or right to use any of the Materials (other than as provided herein) and/or third-party proprietary content on the Platform without the express written permission of Grubhub or the relevant third-party owner, as applicable. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. This includes first sending a written description of the Dispute to the other party. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, the right to a hearing will be determined by the Applicable AAA Rules. By transmitting Your Content, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Platform. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. 512(c), but do not constitute legal advice. Please contact your mobile phone carrier for details. Prices may vary between the existing Merchant menu and the Grubhub white label convenience menu. If you have any questions regarding this Agreement or the Platform, please visit our "Help" page for answers and our contact information. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS MORE CIRCUMSCRIBED DISCOVERY AND APPELLATE REVIEW THAN THERE IS IN COURT. For clarity, you shall not retain, use or disclose Diner Data beyond what is necessary to provide the Services without the express consent of the Diner, nor download, store and/or sell any information you process in connection with the provision of Services outside of the Driver App or otherwise use Diner Data for any purpose other than providing the Services. You acknowledge that Grubhub may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of any Mobile Applications that you are using on your mobile device. Place your order from two hours to four days in advance for food delivered right when you know you'll need it. Grubhub will continue to honor any valid opt outs if you opted out of the Arbitration Agreement in a prior version of the Agreement. You may also receive text messages in response to certain Customer Care requests. The arbitration will be administered by the American Arbitration Association ("AAA"). By providing access to Third Party Websites, Grubhub is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Grubhub, our Diners, our Restaurants, and/or our respective third-party service providers may contact you via voice, text and/or email at the phone number(s) and/or email address(es) you provided to us for the following purposes: (i) to provide notifications related to your Services and Grubhubs offerings; (ii) to facilitate scheduling; (iii) in relation to the delivery fulfillment process; and (iv) to address issues as they arise. The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after the arbitration award is entered. Some jurisdictions permit the ordering and delivery of alcoholic beverages. You and Grubhub agree that to the extent any dispute, claim, or controversy is permitted to proceed in court (except for small claims court), it shall be brought and heard exclusively in the state and federal courts of New York County, New York. Any waiver by Grubhub of any provision of this Agreement must be in writing. If your Account is terminated for any or no reason, you may forfeit any pending, current, or future account credits, Perks (defined below) or other promotional offers, and any other forms of unredeemed value in or associated with your Account without prior notice to you. In addition, Grubhub does not guarantee the quality of what the Merchants sell, nor does it guarantee the services provided by them, including, without limitation, in those cases where they provide the delivery services or engage another third-party delivery service. The new contract, sent out on Wednesday and seen by Guardian Australia, stated drivers who signed the agreement were self-employed contractors and there was no "employment relationship between. By accessing the Platform or the Services, you agree: You agree to comply with the above conduct requirements and agree not assist or permit any person in engaging in any conduct that does not comply with the above conduct. To re-enable texts, you can text START in response to an unsubscribe confirmation SMS. Grubhub may provide you with one or more prepaid cards for the purpose of paying for orders at restaurants (a Payment Card). You further understand and agree that you may be exposed to third-party content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. GRUBHUB DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, THE SERVICES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE PLATFORM WILL BE SECURE, UNINTERRUPTED, AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE PLATFORM, THE SERVICES, THE MATERIALS, AND/OR OTHER CONTENT ON THE PLATFORM ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. on our in-store kiosks, through our assisted phone ordering feature, or as a guest with our group order feature). If you are a California resident, in accordance with Cal. Delivery partners must have a valid driver's license and minimum auto insurance. By accessing the Driver App, you will have sole discretion and authority to: indicate your availability; accept or reject orders that are transmitted to you for delivery; indicate stages of completion during the delivery fulfillment process; communicate with the Grubhub restaurant (the Restaurant) and/or Grubhub diner (the Diner); view the transaction log for those orders you have fulfilled; rate and review your experience with the Restaurant and/or Diner; and manage your payment settings. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF OR A REQUEST FOR PUBLIC INJUNCTIVE RELIEF AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN COURT BUT SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS AND REQUESTS FOR RELIEF. YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS IN THESE TERMS OF USE AND THE LIMITATIONS OF LIABILITY IN YOUR PARTNER AGREEMENT ARE FAIR AND REASONABLE. TODC invests time and expenses and provides certain services related to promoting and managing (i) a restaurant's food and beverage products on online delivery and other virtual platforms including without limitation UberEats, Door Dash, GrubHub and Postmates (including in each case, their respective affiliates) (collectively, the "Online . be unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another's privacy, hateful, and/or racially, ethnically, and/or otherwise objectionable; have a commercial, political, or religious purpose; be false, misleading, and/or not written in good faith; infringe any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity; be illegal and/or promote illegal activity; contain confidential information belonging to a third party; contain unauthorized advertising and/or solicits users to a business other than those on the Platform; and/or. Code 1798.100 et seq. If Grubhub changes this "Dispute Resolution" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Platform or Services after such change will be deemed acceptance of those changes. With Grubhub, its easy to earn competitive pay, keep 100% of your tips and create your own flexible schedule.
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