If you are using the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that entity, organization, or company. Any other use of the Platform is strictly prohibited. The Platform and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other intellectual or proprietary rights and laws of the United States and other countries. Merchant's Delivery Service Fee is specifically set forth in the Order Form. Failure to strictly adhere to this policy will result in termination of your Partner Agreement. "Delivery Service Fee" means a Fee paid by Merchant to Noon Food in consideration for the use of the Noon Food Delivery Services. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. With all that said, let's take a look at each of the apps. You also understand that you will need to contact the Merchant separately if you have any questions regarding your participation in their promotional or loyalty program and/or cancellation of your account with them directly. So, while restaurants work diligently to build a loyal relationship with customers, once third-party delivery companies arrive on the scene they effectively insert themselves directly between the restauranteur and the consumer. The Federal Arbitration Act will govern the interpretation and enforcement of the Dispute Resolution section. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. You may use the Driver App only if you are an authorized Grubhub delivery partner (Delivery Partner) with a validly executed and current Partner Agreement, and solely for the purpose of obtaining and fulfilling delivery orders and providing delivery services to diners (Services). It's also likely a blow for Grubhub, once Taco Bell's exclusive delivery partner after that 2018 agreement, which also included Yum Brands' KFC system. You acknowledge that Apple is not responsible for addressing any of your claims or those of any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Grubhub as provider of the software. Any other use of the Materials is strictly prohibited. Grubhub reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to the Platform and/or Services from a particular Account, device and/or IP address. Grubhub delivery partners are independent contractors, not employees of Grubhub. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Platform. Grubhub may also in its sole discretion limit access to the Platform, the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Welcome! 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. You agree to activate the Payment Card, to use it solely to pay for orders placed on the Platform and accepted by you for delivery, and to use it only for the amount of the order. Merchants are required to comply with federal, state, and local laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food, including, without limitation, food preparation and safety and menu disclosure. Gonna be tons of downsides to the app either way it's sliced though and that's just the way that it has to be, but I think Grubhub is the only app on the market right now that shows the . This Mutual Arbitration Agreement is intended to be broadly interpreted. If we make a material change to the Agreement, we will notify you. Enter into a delivery service partnership with our ready-made Restaurant Delivery Service Agreement template. To the extent that any of these terms explicitly conflict with your Partner Agreement, the language of the Partner Agreement will control. Order food and get exclusive Perks, unlimited free delivery from restaurants nearby and access to premium Grubhub features. We strive to maintain a high level of integrity with our Ratings and Reviews and other aspects of Your Content. The following applies to any Mobile Application you acquire from the Apple App Store (Apple-Sourced Software): You acknowledge and agree that this Agreement is solely between you and Grubhub, not Apple, Inc. (Apple) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. You and Grubhub acknowledge and agree that Apple, and Apples subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary as it relates to your license of the Apple-Sourced Software. GRUBHUB ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE PLATFORM, AS WELL AS ANY THIRD-PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS PLATFORM, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. You must send your opt-out notice to: disputeresolution@grubhub.com. YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. GRUBHUB ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE PLATFORM. This food service contract is by and between [Sender.Company], the Provider, and [Client.Company], the Client. Notwithstanding the foregoing, issues related to the scope, validity, and enforceability of this Arbitration Agreement are for a court to decide. Robot delivery will be available on Ohio State University's campus this fall CHICAGO and OAKLAND, Calif., June 13, 2022 /PRNewswire/ Grubhub, the leading online and mobile food-ordering and delivery platform on college campuses, and Cartken, a technology startup that specializes in self-driving, AI-powered robotics and delivery operations, announced a partnership today to bring robot . You consent to receive communications from us or on our behalf electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Services, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you will act as a Service Provider, as such term is defined in the California Consumer Privacy Act, Cal. You understand and agree that such messages may be sent using automated technology. THIS CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS AN ESSENTIAL PART OF THIS DISPUTE RESOLUTION SECTION, AND IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR DISPUTE, NEITHER YOU NOR GRUBHUB IS ENTITLED TO ARBITRATION OF SUCH CLAIM OR DISPUTE. Rather, Delivery Partners have entered into agreements with Grubhub which require them to comply with all applicable federal, state, and local laws, rules and regulations, including, without limitation, traffic laws, requirements of the applicable motor vehicle agency, and applicable insurance requirements. Enjoy $0 food delivery fees Sign in Offer limited to Prime members in the U.S. Offer limited to one per customer and account. Grubhub and its parents, subsidiaries, affiliates, and each of their officers, directors, employees, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the "Released Parties") will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for the action of any and all third parties with respect to Your Content, or for any damages you allege to incur as a result of or relating to any third-party content. This Agreement, together with any amendments and any additional agreements you may enter into with Grubhub in connection with the Platform and the Services hereunder, shall constitute the entire agreement between you and Grubhub concerning the Platform, any orders placed through the Platform, and the Services hereunder. 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. The terms and conditions for e-gift card use are located at https://grubhub.cashstar.com/about/terms_and_conditions and the privacy policy for gift cards is located at https://grubhub.cashstar.com/about/privacy_policy; and both are incorporated into this Agreement by reference. It doesn't get easier than scrolling on a computer, tablet, or smartphone and clicking a button to get food delivered. Excited about my transition to better ways of making money. Here are the current requirements. By accessing the Platform, you agree and acknowledge that Merchants are solely responsible for, and Grubhub shall not be liable or responsible for, the services provided to you by any Merchant or any subcontractor of any Merchant, nor shall Grubhub be responsible for any acts, omissions, errors or misrepresentations made by any Merchant or any subcontractor of any Merchant. The preceding requirements are intended to comply with Grubhubs rights and obligations under the DMCA, including 17 U.S.C. If the recipient does not show you a government-issued identification card indicating that the recipient is at least 21 years of age, or if the name on the identification card does not match the order, or the recipient appears intoxicated, you agree not to release the alcoholic beverage(s) and you further agree to return the alcoholic beverage(s) to the Restaurant. You grant Grubhub an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sublicensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use Your Content in all forms of media now known or hereafter invented for the purpose of operating, promoting, and improving our Site, business, products and services, and developing new ones (collectively, the Uses). Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. 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. Largest delivery platform in the U.S. and Canada #1 Market share 80% Consumer reach Features: Market your business to new costumers Post your menu online Handles your delivery needs with DoorDash drivers Your customers are automatically given a pickup option, allowing you to streamline . 1. Prices may vary between the existing Merchant menu and the Grubhub white label convenience menu. Eligible claimants will receive at least a $5 On-Time Delivery Guarantee GHG Perk. The arbitrator will render an award within the time frame specified in the applicable AAA Rules. Further, you agree that the consequences of commercial use or re-publication of Your Content (defined below) or Materials from the Platform or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy, and that Grubhub will be entitled to temporary and permanent injunctive relief to prohibit such use or activity without the need to prove damages. Grubhub subsequently removed from flemington, expense reimbursement and to grubhub delivery partner pick up on purpose whatsoever. Partnering with Food Delivery Services 1. You may only create and hold one account on each of the separately branded properties on the Platforms (each, an Account) for your personal use. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION. This might include an informal telephonic dispute resolution conference between you and Grubhub if such a conference is requested by Grubhub. What does that mean? To opt out, you must notify Grubhub in writing no later than 30 days after first becoming subject to this Mutual Arbitration Agreement. The Mobile Applications originate in the United States and are subject to United States export laws and regulations. Offer is non-transferable and may not be resold. Further, you hereby grant Grubhub a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license to incorporate and use any of your suggestions, input, or other feedback relating to the Platform or the Services (collectively, the Feedback) for any purpose without notice to, approval by, or compensation to you. This service delivery agreement shall be governed by the laws of [Sender.State]. If you initiate arbitration, you shall certify that you have complied with the Informal Dispute Resolution Procedure above and personally sign your Demand for Arbitration. Member FDIC, You agree that you will act as a Service Provider, as such term is defined in the California Consumer Privacy Act, Cal. Therefore, for any Dispute that arises between you and Grubhub, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. The Platform may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions ("Third Party Websites"). To resubscribe, text "START" to the number sending the feedback messages using the phone number associated with your account. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT IN SECTION VII BELOW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OR AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF. Grubhub reserves the right to deactivate your access to the Driver App if your service falls below the industry standard for like services in your region, as determined by Grubhub in its good faith discretion. Please note that unsubscribing from one of the branded properties in our Platform will not automatically unsubscribe you from another separately branded property in our Platform. The provider of Services is set forth herein. You and Grubhub then agree to negotiate in good faith about the Dispute. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with Grubhub or may enter into in the future with Grubhub. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Members also enjoy a donation match on Grubhub+ orders through Grubhub's Donate the Change program, which raised more than $25 million in 2021 alone, benefiting more than 20 charitable organizations. You can also earn bonus pay by completing incentives and challenges. The company relies on user reviews to improve the delivery experience. The Platform may permit you to use the Services without an Account or without logging in to your Account (e.g. The Applicable AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. Grubhub respects the intellectual property of others, and we ask all of our users to do the same. Supplemental delivery Use our drivers to reach customers outside the range of your own delivery team. 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. Also, regardless of any statute or law to the contrary (and to the fullest extent permitted by law), you must provide notice to Grubhub, pursuant to the procedures in the Dispute Resolution section below, of any claim within one year of its accrual, or your claim will be waived and barred. Therefore, all Ratings and Reviews must comply with the following criteria, in addition to and without limiting other requirements applicable to Your Content as set forth in these Terms: (1) before posting a Rating or Review, you must have had recent first-hand experience with the Merchant; (2) you may not have a proprietary or other affiliation with either the Merchant or any of its competitors; (3) you may not draw any legal conclusions regarding the Merchants' products, services, or conduct; (4) your Review must otherwise comply with the terms of this Agreement as well as all applicable laws, rules, and regulations, including without limitation the Federal Trade Commissions Guides Concerning the Use of Endorsements and Testimonials in Advertising (which may be found at http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf), including that your Review must disclose any material connection you may have with Grubhub or the Merchant; and (5) you will not submit a Rating or Review in exchange for payment, free food or beverage items, or other benefits from any Merchant or third party. It's now a household name, and it's always on the lookout for new delivery drivers. Get warming bags from Grubhub or use your own. Any use, reproduction, release, performance, display, or disclosure of the Platform and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. Our Grubhub Guarantee ensures customers always get their delivery order on time, or we'll make it right with a perk that's 100% covered by us at no cost to you! - Order food using the Grubhub app and avoid the hassle of over-the-phone mistakes - Grubhub's customer support is there for you 24/7 - Whether it's Chinese food, Greek, Italian, or any other food type you're craving, it's covered. This is where 1 year of delivery driving gets you. The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein. is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on the Driver App, or the related Sites or other websites. It can also be called the context of the contract. the best spot to find mouthwatering dishes. As used in this Agreement, you means any visitor, user, or other person who accesses our Platform or Services, whether or not such person registered for an Account (as defined below). Upon termination of this Agreement for any reason or no reason: (1) your access rights will terminate and you must immediately cease all use of the Platform and Services; and (2) any provision of this Agreement that contemplates or governs performance or observance subsequent to termination of this Agreement will survive the termination of this Agreement, including without limitation the following sections: (i) Your Content and Conduct; (ii) Disclaimer; (iii) Limitation of Liability; (iv) Important Note to New Jersey Consumers; (v) Termination and Violations of this Agreement; (vi) Dispute Resolution; (vii) Indemnification and (viii) Waiver and Severability.. Were so happy youre here, and we can't wait to deliver you food happiness, but before you use our Platform, please read these Terms of Use (the Agreement) carefully. When paid by you, these payments are final and non-refundable, unless otherwise determined by Grubhub. THERE ARE PROPOSED CLASS ACTIONS OR REPRESENTATIVE ACTION PROCEEDINGS PENDING AGAINST GRUBHUB, AND THIS AGREEMENT APPLIES TO THEM UNLESS YOU OPT OUT AS DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. Your access and/or use of the Third Party Websites, including providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk. Access support when you need it. Please continue to follow the guidance of your public health authorities. As a result of this material breach of Section 4 of your Delivery Partner Agreement ("Agreement"), you are being notified that Grubhub is terminating your Agreement, effective immediately, in accordance with Section 11 of your Agreement. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. GRUBHUB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE SERVICES, THE MATERIALS, AND/OR ANY OTHER CONTENT ON THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE SAFETY, QUALITY, AND/OR TIMING OF A DELIVERY ORDERED ON THE PLATFORM, AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED. Join now for a 14-day free trial or get Grubhub+ for $9.99/month. Bank for the Restaurant's financial needs. You are responsible for maintaining the confidentiality and security of your Account and password, and for all activities and any other actions that occur under or are taken in connection with your password or Account. 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. The following applies to any Mobile Applications you acquire from the Google Play Store (Google-Sourced Software): (i) you acknowledge that the Agreement is solely between you and Grubhub only, and not with Google, Inc. (Google); (ii) your use of Google-Sourced Software must comply with Googles then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Grubhub, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Grubhubs Google-Sourced Software. YOU (AND NOT GRUBHUB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE APP, THE MATERIALS AND/OR OTHER CONTENT ON THE APP. AMSTERDAM, June 15, 2021 /PRNewswire/ -- The Transaction represents Just Eat Takeaway.com's entry into online food delivery in the United States and builds on the strategic rationale for the . TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE SITES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Robot delivery [] The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. Please note, we may also give you the option on the Platform to register with a specific Merchants promotional or loyalty programs that are not operated by or associated with Grubhub or Perks. Certain features of the Platform, including, without limitation, the placing or receipt of orders, may require you to make certain payments, including commissions or other fees. GRUBHUB, DINER, RESTAURANT AND OTHER COMMUNICATIONS. The contract is entered into as of [Contract.CreatedDate] and shall remain in effect until [Contract.ExpirationDate] unless cancelled pursuant to the terms listed below. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third partys intellectual property rights, Grubhub, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. Comparatively speaking to the other major players in the food delivery gig market, I think it's safe to say that Grubhub is being the most fair to its drivers. What does that mean? YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. To unsubscribe from order-related messages, just reply "STOP" to the number sending the message. Grubhub Corporate Accounts are part of Grubhub, one of the nation's leading takeout and delivery marketplace. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, you may forfeit the cost of such beverages, and you may be responsible for restocking fees. It's easily downloadable on any of your devices using various file formats. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. You also understand that such prices may not be the lowest prices at which the menu items are sold. 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. If you need assistance, text HELP. To re-enable texts, you can text START in response to an unsubscribe confirmation SMS. Grubhub does not assume liability for Ratings and Reviews or for any claims, liabilities, or losses resulting from any Ratings and Reviews. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. 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). You may have another Account if you are using the Platform for business purposes, including as part of an enterprise Account, pursuant to a separate agreement with Grubhub. The Uses include, without limitation, use of your username and/or other user profile information such as your ratings history and how long you have been a Grubhub diner, to attribute Your Content to you on the Platform, including in Interactive Areas and other public areas on our Platform, or otherwise in connection with our Services.