Grubdom provides an online technology platform and mobile application that connects diners with takeout restaurants in their location or area of search (hence referred to as the "Platform"). Through the Platform, diners may order food to be picked up, delivered to them from particular restaurants in cities throughout the area and other areas where Grubdom may provide such services in the future. Where provided and accepted, users may also make dine-in reservations via the Platform. Grubdom itself is not a restaurant nor is it a food preparation entity.
The restaurants available on Our Sites operate independently and have entered into agreements with us to provide the food and delivery services available to you on Our Site and the Platform. The restaurants are required to comply with any applicable federal, state, and local laws, rules, regulations, and standards in regards to the preparation, sale, and even the marketing of food. These include food preparation and safety, menu disclosure, and others. Grubdom is not responsible for the restaurants' food preparation or safety and does not verify nor endorse any restaurant's compliance with such laws. Grubdom does not guarantee the quality of what the restaurants sell, nor does it guarantee the services provided by the restaurant, including restaurant-provided delivery services. We do not independently verify representations made by restaurants regarding their food, including without limitation any menu- or restaurant-level descriptors, images, or disclosures.
Some deliveries are provided by Grubdom's network of independent delivery service providers. They have entered into agreements with Grubdom, 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 Department of Motor Vehicle, and applicable insurance requirements. Grubdom shall not be liable or responsible for any delivery services provided by delivery service providers or any errors or misrepresentations made by them.
You may only use Our Site for ordering if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account, and if you are able to form a binding contract with us. In addition, if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use Our Site, and your parent or legal guardian must read and agree to this Agreement prior to your using Our Site. You are prohibited altogether from using Our Site if you are under the age of 13. If you are using Our Site 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 organization.
You are responsible for maintaining the confidentiality and security of your Account and password and will also be responisble for all activities and actions that occur under or that are taken in connection with your Account. You agree to (a) immediately notify Grubdom of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session to prevent unauthorized access and use. Grubdom will not be held liable for any injury, and type of losses, or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
Use of Your Content
You grant Grubdom an irrevocable and non-exclusive worldwide sub-licensable license to use any content that you submit to Our Site.
User Content may be posted in public areas on Our Site, including without limitation in a compilation format, and as such will be publicly visible and accessible. Grubdom and its officers, directors, employees, parents, subsidiaries, affiliates, 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 User Content.
Ratings and Reviews
Ratings and Reviews are considered User Content and are governed by the terms and conditions of this Agreement concerning such. Ratings and Reviews are not endorsed by Grubdom, and do not represent the views of Grubdom or of any affiliate or partner of Grubdom. Grubdom does not assume liability for Ratings and Reviews or for any claims, liabilities or losses resulting from any Ratings and Reviews. Ratings and Reviews must comply with the following criteria:
Before posting a Rating or Review, you must have had first-hand experience with the restaurant;
You may not have any commercial interest or other affiliation with either the restaurant or any of its competitors;
your review must otherwise comply with the terms of this Agreement.
Any Rating and/or Review that we determine could harm the integrity of the Ratings and Reviews feature of Our Site will be removed by us without notice.
Communications & Text Messages
By voluntarily providing us with your mobile phone number, you agree that Grubdom may contact you by telephone, text (SMS), or multimedia (MMS) messages at that number, and you hereby consent to receiving such communications for transactional, operational, or informational purposes. You understand that such messages may be sent using an automatic telephone dialing system. You may unsubscribe from receiving text messages from Grubdom at any time.
Additionally, you may receive text messages from us after a completed order soliciting feedback and/or other information relating to the order. Please note that in the event that you unsubscribe from any text messages, you may still receive individual texts from your delivery person to enable successful delivery of your order.
Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile phone carrier for details. Your mobile phone carrier (e.g. T-Mobile, AT&T, Verizon, etc.) is not liable for delayed or undelivered messages.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Grubdom BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER, IN A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH Our Site. Grubdom 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 Our Site. Grubdom 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 Our Site, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL Grubdom'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED (A) THE AMOUNT PAID BY YOU TO Grubdom OR A Grubdom'S RESTAURANT, IF ANY, OR (B) $1000 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THIRD PARTY LINKS
We do not review, monitor, operate and/or control the Third Party Websites and Grubdom 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. Access provisioned to Third Party Websites, is not Grubdom's recommendation and/or otherwise endorsement of the products and/or services provided by the sponsors and/or owners of those websites. 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.
CHANGES TO THE AGREEMENT
This Agreement is currently being constructed. Even with this base outline, we reserve the right to change This Agreement without prior notice. If we make a change to this Agreement, it will be effective as soon it is posted. Don't worry, we'll let you know when we make changes; we won't just try to sneak them in. If you are not subscribed to our email lists, you'll still get a notification in the event of any changes. You agree that you will review this Agreement from time to time. By continuing to access and/or use Our Site after we post Updated Terms, you agree to be bound and abide by the Updated Terms, and if you find yourself in disagreeement with the Updated Terms, you will stop using Our Site. This Agreement will govern any disputes arising before the effective date of the Updated Terms.
Our Site, THE MATERIALS AND ALL OTHER CONTENT ON Our Site ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON Our Site, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Grubdom DOES NOT REPRESENT OR WARRANT THAT Our Site, THE MATERIALS AND/OR THE OTHER CONTENT ON Our Site WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT Our Site, THE MATERIALS AND/OR OTHER CONTENT ON Our Site ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. Grubdom DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF Our Site, THE MATERIALS AND/OR ANY OTHER CONTENT ON Our Site IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF A DELIVERY ORDERED ON Our Site AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF Our Site, THE MATERIALS AND/OR OTHER CONTENT ON Our Site. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.