GrubHub, Inc. ("GrubHub", "our," "we," or "us") operates this DeliveryHub application ("DeliveryHub App"). Please read the following DeliveryHub App Terms of Use carefully before using the DeliveryHub App.

Terms Of Use

By viewing, using, accessing, browsing, or submitting any content or material in connection with DeliveryHub App, you agree to these DeliveryHub App Terms of Use as a binding legal agreement between the you and the GrubHub, without limitation or qualification. The GrubHub Terms of Use (at http://www.grubhub.com/termsofuse/) and Privacy Policy (at http://www.grubhub.com/legal/#privacyAgreement) are hereby incorporated in these DeliveryHub App Terms of Use by reference. The term "you" or "Operator" shall refer to any person or entity who views, uses, accesses, browses or submits any content or material in connection with DeliveryHub App including, but not limited to, any delivery Operator or messenger employed directly by a restaurant or as an independent contractor on behalf of any restaurant for the purpose of delivering any food or drink orders.

If you do not agree to the DeliveryHub App Terms of Use, then you may not use DeliveryHub App. We reserve the right to modify these DeliveryHub App Terms of Use at any time without prior notice. You agree that each view, use, access, browse or content submission shall be subject to the then-current DeliveryHub App Terms of Use (including the GrubHub Terms of use and Privacy Policy), and continued use of the DeliveryHub App now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.

For the purpose of these DeliveryHub App Terms of Use, "App Services" may include, but not be limited to, functionality allowing voice activated data entry; collection and transmission of order and Diner data; automated electronic text notifications sent to Diners' mobile devices regarding order status updates and Operator arrival; automated voicemail messages sent to Diners regarding order status updates and Operator arrival; monitoring and tracking of Operator location; aggregation and display of Operator Diner order information including, but not limited to, Diner address and phone number, mapping of upcoming delivery orders, route summaries and gratuity tracking by location. "Diner" shall include any person or entity (including any other individuals located at the order delivery address) to whom an Operator delivers or attempts to deliver an order in connection with the DeliveryHub App.

GRUBHUB DOES NOT PROVIDE TRANSPORTATION SERVICES, AND GRUBHUB IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE OPERATOR TO PROVIDE TRANSPORTATION SERVICES. GRUBHUB OFFERS THE APP SERVICES WHICH MAY INCLUDE INFORMATION REGARDING TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.

Operator agrees to use any information collected in connection with the DeliveryHub App or App Services only for authorized purposes directly related to Operator's order delivery services. Operator agrees not to share or disclose any information collected in connection with the DeliveryHub App or App Services, to third parties other than GrubHub or authorized restaurant personnel. Nothing in this paragraph shall prohibit Operator from disclosing a Diner's order information to the Diner placing such order.

Release of Liability

Operator releases GrubHub from all liability for information acquired (or not acquired) by Operator or Diners through the App Services. GrubHub makes no representations concerning any information acquired by or accessed through the App Services. Operator releases GrubHub from all liability relating to Operator's use of the App Services and Diners' access to and use of information acquired through the App Services including, but not limited to, cellular phone coverage, data plan usage and SMS charges. Operator understands that GrubHub does not, in any way, screen Diners. GrubHub makes no representations or warranties as to the conduct of Diners or Diner's use of information acquired through the App Services, including, but not limited to, Operator's delivery time, route and location. In no event shall GrubHub be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, exemplary and/or incidental, arising out of or relating to the conduct of Operator, Diners or anyone else's use of the App Services or information acquired through the App Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or encounters arising from Operator's use of the App Services or any third-party's use of information acquired through the App Services. As such, Operator agrees to take reasonable precautions and exercise the utmost personal care in all interactions with any person Operator encounters in connection with Operator's use of the App Services.

Text Alert Opt-In

In connection with your use of the DeliveryHub App, Operator agrees to receive occasional standard rate text message alerts from GrubHub related to the DeliveryHub App and related App Services. 5 msgs/month. Text HELP for help. To stop text STOP. Msg & Data Rates May Apply.

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