Use of the Driver App requires that you register and/or create an account (Account) by providing certain personal information. Grubhub does not review, monitor, operate and/or control the Third Party Websites and Grubhub makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. If any conduct on or outside of our App violates the standards above, or any other terms and conditions of this Agreement; or interferes with other peoples enjoyment of the Materials or our App; or that we believe is inappropriate; in our sole, good faith judgment, we reserve the right to change, delete or remove, in part or in full, any such content; and we further reserve the right to terminate access to the Driver App or to any information available through the Driver App. We may change this Agreement from time to time. Maximum $15 Lowest Price Guarantee GHG Perk (which includes a $5 Extra Perk). Delivery Partners are not actual agents, apparent agents, ostensible agents, or employees of Grubhub in any way. Grubhub delivery partners are independent contractors, not employees of Grubhub. 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. Please note that standard voice, data and message rates will apply for all forms of communication. Grubhub expressly reserves its right to raise unique defenses as to each claimant in connection with this process. GRUBHUB IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 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 may unsubscribe from receiving text messages from Grubhub at any time. References to "Delivery Partners" should be read to include both Noon Food Delivery Partners and Merchant Delivery Partners. In the event that Grubhub believes that you have breached any of the above conduct requirements, Grubhub reserves the right to suspend and/or permanently terminate your Account at our sole discretion. 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. 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 understand and agree that such messages may be sent using automated technology. You agree that you will review this Agreement periodically and check the Effective date in this Agreement to stay aware of any changes. If you do any of the aforementioned, Grubhub will not be responsible in any way for any damage to your computer system or loss of data that results from such download.
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