Please read these terms carefully. These terms constitute a legal agreement between you and GrubtoGo, LLC.
By accessing or using the website located at www.grubtogo.com/ (“Website”) in any way (including using the services clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, completing the registration process, and/or browsing the Website or downloading, installing or using the Company’s mobile application or any other software supplied by the Company to enable you to use the services (collectively, the “Software”), you hereby represent that: (1) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at https://www.grubtogo.com/terms/ or through the Services; (2) you are of legal age in the jurisdiction in which you reside to form a binding contract with Company; and (3) you have the authority to enter into the Agreement personally or on behalf of the Company you have named as the user and to bind that Company to the Agreement. The term “you” refers to the person identified as the user when you registered on the Website and the term “user” or “users” refers to all persons who access or use the Software, and/or the Services. Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Website, the Services, or the Software.
If, for any reason, you are unclear about charges to your account originating from GrubtoGo.com or have anything at all to communicate with us we'd love to hear from you.
If we are unable to fulfil your entire order we will make every reasonable effort to contact you prior to delivery. In the event we are unable to contact you, we reserve the right to substitute comparable items at our sole discretion.
Should you fail to pay for the products ordered, you agree to forfeit to the Company any right, title or interest you may have in the products.
Should you fail to pay any fees, gratuity or charges at the time of delivery, we may charge such amount directly to the credit card identified in your Customer Account and we reserve the right to suspend or terminate your access to the Service. You shall be responsible and liable for any fees, including attorneys` fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.
Charges paid by you for completed and delivered orders are final and non-refundable. The Company has no obligation to provide refunds or credits, but may grant them, in each case in Company’s sole discretion.
The Company uses a network of independent third-party contractors ("Drivers") to provide delivery services to our users. It is up to each Driver to provide such delivery services. The Food Service Providers available on our Website (“Food Service Providers”) also operate independently of the Company. The Company will not assess the suitability, legality or ability of any Driver or Food Service Provider. The Company is not responsible for the Food Service Providers’ food preparation or safety and does not verify their compliance with applicable laws or regulations. The Company has no responsibility or liability for acts by any third-party Food Service Provider or Driver, other than as stated herein.
Food Service Providers
GrubtoGo.com shall act as my agent in marketing my restaurant and in advertising, selling, and collecting revenue on behalf of my restaurant. GrubtoGo shall be a disclosed agent to the public in all respects. I agree that my restaurant is responsible for all liability associated with the sale of food and drink by my restaurant, including, without limitation, computation and payment of sales tax to the appropriate taxing authority, compliance with appropriate health codes with respect to preparation of food, and all matters concerning quality and condition of the food, and further, my restaurant will protect, defend, and indemnify GrubtoGo from any and all claims brought against GrubtoGo as a result of any failure by my restaurant.
Accuracy, Completeness and Timeliness of Information on this Site
GrubtoGo.com is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.
In the case of bad weather, or unforeseen delivery complications, deliveries may become delayed. We do not guarantee or stipulate that deliveries will be completed in a specific time frame. Delivery times are subject to many things, including the weather, traffic conditions and are in all cases made at our convenience. References contained in our advertisements describing the nature of our delivery service (e.g., “we deliver in approximately 45-60 minutes.”), are for descriptive purposes and should not be relied upon or considered an inducement or advertisement of any kind.
Use of Materials on the Site
All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is exclusive property of and owned by GrubtoGo.com, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer of sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to GrubtoGo.com, is expressly prohibited. You agree to abide by all additional restrictions displayed on the site as it may be updated from time to time. GrubtoGo.com reserves the right to refuse or cancel any person's registration for this site, remove any person from this site or prohibit any person from using this site for any reason whatsoever. GrubtoGo.com, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in GrubtoGo.com's sole discretion. GrubtoGo.com neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with GrubtoGo.com.
Conduct on the Site
Some features that may be available on this site require registration. By registering at and in consideration of your use of the site you agree to provide true, accurate, current and complete information about yourself.
Some features on this site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify GrubtoGo.com immediately. GrubtoGo.com may assume that any communications GrubtoGo.com receives under your password have been made by you unless GrubtoGo.com receives notice otherwise.
Trademarks and Copyrights
Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of GrubtoGo.com, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein. GrubtoGo.com reserves al tights not expressly granted in and to the site and its. content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
We respect the intellectual property rights of others and request that you do the same. You are hereby informed that GrubtoGo.com has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of GrubtoGo.com's system or network who are repeat copyright infringers. If you believe your copyright or the copy right of a person on whose behalf you are authorized to act has been infringed, you may notify our legal department secretary:
Ryan James | Paralegal
Phone: (909) 265-GRUB
Subject: Infringement Notice
To be effective, your notification must (i) be in writing, (ii) be provided to our principle, and (iii) include substantially the following:
*A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
*Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
*Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or accessed to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
*Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
*A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
*A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
GrubtoGo.com is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this site including material you provide to us, and so we have an absolute right to remove any material from the site in our sole discretion at any time.
Your use of this site is at your sole risk. The site is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof, at any time. GrubtoGo.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, and fitness for a particular purpose, and any warranties that materials on the site are noninfringing, as well as warranty's implied from a course of performance or course of dealing; that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that the information on the site will be complete, accurate of timely. If you download any materials from the site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data results from the download of any such materials. No advice or information, whether oral or written, obtained by you from GrubtoGo.com shall create any warranty of any kind. GrubtoGo.com does not make any warranty or representation as regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequate, usefulness, timeliness, reliability or otherwise.
In certain jurisdictions, the Law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
Limitation of Liability
You acknowledge and agree that you assume full responsibility for your use of the site. GrubtoGo is a bailee. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and at the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither GrubtoGo.com nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site, or any other site you access from a link on this site, or from any actions we take or failed to take as a result of communications you sent to us, or the delay or inability to use the site,or for and any information, products or services advertised in or obtained through the site GrubtoGo.com. You specifically acknowledge and agree that neither GrubtoGo.com nor its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with GrubtoGo.com is to discontinue your use of the site. You and GrubtoGo.com agree that any cause of action arising out of or related to the site must commence within one year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.
Jurisdiction and Applicable Law
(a) Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website or Software, to any products or services sold or distributed through the Software or the Website (including the Services), or to any other aspect of your relationship with Company will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or the Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.
Cases may be filed that attempt to assert class action claims, and by accepting this arbitration agreement you elect not to participate in such cases.
You agree that you will not participate in or seek to recover monetary or other relief in any such class, collective, and/or representative lawsuit. Instead, by agreeing to arbitration, you may bring your claims against the company in an individual arbitration proceeding.
(b) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Nevada Discount Registered Agent, 1111 S Roop Street #100 Carson City, Nevada 89702. You may choose to have the arbitration conducted by telephone, videoconference, based on written submissions, or in person in the state of Nevada.
(c) Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The Arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and the Company.
(d) Waiver of Jury Trial. You and the company waive any constitutional and statutory rights to sue in court and receive a judge or jury trial. You and the Company are instead electing to have claims and disputes resolved by arbitration.
(e) Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class basis. Claims of more than one customer, user or sub-contractor canot be arbitrated or litigated jointly or consolidated with those of any other customer, user or sub-contractor. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor the Company is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth above.
(f) Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor the Company can force the other to arbitrate. To opt out, you must notify the Company in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your GrubtoGo username (if any), the email address you used to set up your GrubtoGo account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: firstname.lastname@example.org. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may enter into in the future with us.
(g) Survival. This Arbitration Agreement will survive any termination of your relationship with the Company.
(h) Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if the Company makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to the Company.
GrubtoGo.com Alcohol Delivery Policy
a. You may have the option to order delivery of alcohol products in some locations and from certain Food Service Providers. If you receive your delivery in the United States, you agree that you will only order alcohol products if you are 21 years of age or older. You also agree that, upon delivery of alcohol products, you will provide valid government-issued identification proving your age to the Driver delivering the alcohol products and that the recipient will not be intoxicated when receiving delivery of such products. If you order alcohol products, you understand and acknowledge that neither the Company nor the Driver can accept your order of alcohol products, and the order will only be delivered if the Food Service Provider accepts your order. The Driver reserves the right to refuse delivery if you are not 21 years of older, if you cannot provide a valid government issued ID, if the name on your ID does not match the name on your order, or you are visibly intoxicated. If the Driver is unable to complete the delivery of alcohol products for one or more of these reasons, you are subject to a non-refundable $20 re-stocking fee.
b. Indemnity. Customer shall indemnify, defend and hold harmless GrubtoGo, LLC., GrubtoGo.com and any affiliated companies, their officers, directors, employees, agents, and their successors and assigns from any and all claims, losses, damages, fines, costs, demands, expenses (including without limitation attorney’s fees and costs), liabilities, enforcement actions, judgments (collectively “Claims”) arising out of or related to Customer’s breach of this Agreement or its non-compliance with any laws or regulations applicable to the transportation of wine or alcohol, whether such action is brought by a governmental agency or other person or entity. Further, Customer agrees that it will not settle any such Claims or lawsuits without prior written consent from GrubtoGo, LLC.
c. Money-Back Guarantee. Customer shall be entitled to a full refund if we refuse delivery on the basis of location. (i)GrubtoGo, LLC. shall have no responsibility or liability for refund due to the inability to deliver to an appropriate adult recipient furnishing necessary signature and valid photo I.D.
d. Confidentiality. Both GrubtoGo, LLC. and Customer agree that the terms of this Agreement are confidential and shall be held in strict confidence by both parties and may not be disclosed unless required by law or as set forth in (h) above.
e. Signature and Photo I.D. Required. Customer agrees that for each shipment of wine or alcohol, Customer will furnish a signature and corresponding valid state or military issued photo I.D. Further, Customer consents to allow delivery driver to take a photo of said I.D. If customer cannot, or does not furnish a valid state or military issued I.D. or does not permit a photo to be taken of said I.D. at time of delivery, GrubtoGo will refuse delivery and customer will be liable for the full purchase price of delivery.
f. Entire Agreement This Alcohol Delivery Policy and the Terms and Conditions governing wine and alcohol delivery shall constitute the entire agreement between the parties regarding the subject matter herein.
Entire Agreement and Admissibility
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.
How to Contact Us
If you have any questions or comments about this User Agreement or this site please contact us by:
Phone: (909) 265-GRUB
Thank you for visiting our site.