If your Account is terminated for any or no reason, you may forfeit any pending, current, or future account credits, Perks (defined below) or other promotional offers, and any other forms of unredeemed value in or associated with your Account without prior notice to you. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GRUBHUB DISCLAIMS, WITH RESPECT TO THE SERVICES, THE PLATFORM, THE MATERIALS AND ALL OTHER CONTENT ON THE PLATFORM, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If you do register with the Merchants promotional or loyalty program, you understand that you may be required to agree to additional terms and conditions provided by the Merchant and/or you may be directed to a Third Party Website. pick-up and delivery partners (" PDP ") who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the . This subparagraph does not affect your statutory rights. Grubhub 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 your Ratings and Reviews. If we make a change to this Agreement, we will make the most current version of this Agreement available at the Terms of Use link (Updated Terms). In addition, the Mobile Applications may be subject to the import and export laws of other countries. Grubhub, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged. 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. 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. Partnering with delivery aggregators squeeze margins even tighter. Australia: 1800-717-576. This Agreement does not cover or address certain end user services provided by our affiliate SCVNGR, Inc. d/b/a LevelUp (LevelUp) on behalf of its merchant clients; please see the LevelUp User Terms of Service for more information. Furthermore Grubhub's ""GrubHub Delivery Partner Agreement"" (Date: Jan 10th 2019) states the following: GrubHub will have no right to, and will not, control or prescribe the manner, method or means Delivery Partner uses to complete Delivery Services. Grubhub may also, in its sole discretion, make Perks or other promotional offers with different features and different rates available to any or all of our users. The Delivery Partner may electronically scan the identification card of the individual receiving the order to confirm that the recipient is at least 21 years of age and the delivery may be completed. The On-Time Delivery Guarantee offers claimants GHG Perks in connection with eligible online delivery orders that are delivered late. 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. Browse help.doordash.com for answers to your questions, or call merchant support:
Grubhub: Food Delivery - Apps on Google Play GRUBHUB TERMINATED MY DELIVERY PARTNER AGREEMENT AFTER 7YRS WORKING FOR THEM MORE DETAILS INSIDE BEEZEE 5.31K subscribers Subscribe 4 Share Save 25 views 7 minutes ago #grubhub #grubhub. You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit through the Driver App. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS MORE CIRCUMSCRIBED DISCOVERY AND APPELLATE REVIEW THAN THERE IS IN COURT. Your Content includes, without limitation, your username and/or other user profile information such as your ratings history and how long you have been a Grubhub diner, textual, visual, or audio content and information, whether transmitted via the Platform, SMS or MMS message, or otherwise.
DoorDash for Merchants | Get Started Grubhub for Restaurants Policies | Grubhub for Restaurants This delivery will be available at the University of North Dakota next semester CHICAGO and BERKELEY, Calif., Dec. 8, 2022 Grubhub, a leading food ordering and delivery marketplace, and Kiwibot, a leading last-mile robotic delivery company, announced today that they will provide robot delivery services on college campuses across the United States. be intended to interrupt, destroy, or limit the functionality or integrity of any computer software, hardware, or Materials on the Platform or other websites. All such Additional Terms are hereby incorporated into this Agreement by reference. [11] Any other use of the Platform is strictly prohibited. Enter into a delivery service partnership with our ready-made Restaurant Delivery Service Agreement template. Nothing contained on the Platform and/or Materials should be interpreted as granting to you any license or right to use any of the Materials (other than as provided herein) and/or third-party proprietary content on the Platform without the express written permission of Grubhub or the relevant third-party owner, as applicable.
Become an Affiliate with Grubhub Postmates. 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. You also agree that our Delivery Partners may withhold delivery of the alcoholic beverages if you appear or the recipient of the delivery appears intoxicated when receiving delivery of such products. Your use of the Platform is subject to any and all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Platform that we may post or link to on the Platform (collectively, the "Additional Terms"), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions, or content on the Platform, including, without limitation, the Google Maps/Google Earth Additional Terms of Service located at https://maps.google.com/help/terms_maps.html and the Google Privacy Policy located at https://www.google.com/intl/ALL/policies/privacy/index.html.
Ex-99.1 - Sec Get warming bags from Grubhub or use your own. These Terms of Use, taken together with the Delivery Service Provider Agreement or Delivery Partner Agreement (the Partner Agreement) you have entered into with Grubhub Holdings Inc. or its subsidiaries and affiliates, constitute a contract between you and us (collectively, the Agreement) and govern your access to and use of the Platform. If the arbitrator finds that either the substance of a claim or the relief sought in a Demand for Arbitration was frivolous or was brought for harassment or an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the arbitrator may award attorneys fees, costs and expenses in favor of a party. Your written description must be personally signed by you. You will not use the Driver App for any illegal purposes. Code 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. Some jurisdictions permit the ordering and delivery of alcoholic beverages. Grubhub does not own, operate or otherwise control such separate Merchant promotional or loyalty programs and therefore shall have no liability for those separate programs, including without limitation your participation therein. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS MORE CIRCUMSCRIBED DISCOVERY AND APPELLATE REVIEW THAN THERE WOULD BE IN COURT. To the extent that any of these terms explicitly conflict with your Partner Agreement, the language of the Partner Agreement will control. To revoke your consent to receiving SMS or MMS messages from Grubhub, you agree to follow the unsubscribe procedures described below. Enjoy $0 food delivery fees Sign in Offer limited to Prime members in the U.S. Offer limited to one per customer and account. By accessing the Driver App, you will have sole discretion and authority to: indicate your availability; accept or reject orders that are transmitted to you for delivery; indicate stages of completion during the delivery fulfillment process; communicate with the Grubhub restaurant (the Restaurant) and/or Grubhub diner (the Diner); view the transaction log for those orders you have fulfilled; rate and review your experience with the Restaurant and/or Diner; and manage your payment settings. You may unsubscribe from all such feedback messages by replying "STOP" to the number sending the feedback messages. 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. YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS IN THESE TERMS OF USE AND THE LIMITATIONS OF LIABILITY IN YOUR PARTNER AGREEMENT ARE FAIR AND REASONABLE. Subject to the Applicable AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Prices may vary between the existing Merchant menu and the Grubhub white label convenience menu. Any rights not expressly granted herein are reserved by Grubhub and Grubhubs licensors. 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, products or services available on or through and/or the functioning of the Third Party Websites. Accordingly, and without limiting any of the provisions set forth in the Partner Agreement, by using the Platform, including the Driver App, you acknowledge and agree that you are permitted to use the information disclosed or otherwise made available to you, including without limitation diners data (e.g. - Food delivery from exclusive restaurant partners, so you'll find that mom and pop shop AND the . Grubhub is a virtual marketplace Platform that connects hungry diners with third-party service providers, including local merchants and independent delivery service providers.
New NYC Bill Would Force Restaurant Aggregators Hand Over Customer Data The subscription service offers subscribers a $0 delivery fee and reduces other fees on orders of at least $12 from a DashPass eligible restaurant. If Grubhub changes this "Dispute Resolution" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Platform or Services after such change will be deemed acceptance of those changes. Attorneys fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. If you do not agree to such change, you may reject any such change by providing Grubhub written notice of such rejection by mail or hand delivery to: Grubhub, Attn: Dispute Resolutions, 111 West Washington Street, Suite 2100, Chicago, Illinois 60602, or by email from the email address associated with your account to: disputeresolution@grubhub.com, within 30 days of the date such change became effective, as indicated in the "Effective" date above. This Agreement constitutes a contract between you and us that governs your access and use of the Platform and Services. If any of Your Content or conduct on our Platform violates our standards, or any other terms of this Agreement; or interferes with other peoples' enjoyment of the Materials or our Platform or Services; or is inappropriate in our judgment; we reserve the right, in our sole discretion and without notice to you, (i) to change, delete or remove, in part or in full, any of Your Content, (ii) to terminate or suspend access to any Interactive Areas or any other part of our Platform, and/or (iii) to terminate or suspend your Account; in each case, with or without notice. However, all Ratings and Reviews must comply with the following criteria: (1) you must have had first-hand experience with the Restaurant before posting a Rating or Review; (2) you may not have a proprietary or other affiliation with either the Restaurant or any of its competitors; (3) you may not draw any legal conclusions regarding the Restaurants products, services or conduct; and (4) your review must be honest, accurate, and otherwise comply with the standards of conduct and other terms of this Agreement. Bank for the Restaurant's financial needs. IT LIMITS THE WAYS YOU CAN SEEK RELIEF FROM GRUBHUB AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS. How it works Receive packages from Amazon daily By continuing to access and/or use the Driver App after we post Updated Terms, you agree to the Updated Terms. 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). RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. DoorDash and Grubhub offer monthly subscription services that can be canceled at any time: DashPass is a DoorDash subscription service that costs $9.99. You agree to keep your contact information, including email address, current. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software.
Just Eat Takeaway.com completes acquisition of Grubhub - PR Newswire 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. Use of the Driver App requires that you register and/or create an account (Account) by providing certain personal information. Your notice must include your name and address, the email address you currently use to access your Grubhub Account (if you have one), and a clear statement that you want to opt out of this Mutual Arbitration Agreement. Civ. Your access to and/or use of the Third Party Websites, including, without limitation, providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk.
Help | Grubhub Help | Contact Grubhub | Customer support Grubhub Driver Review: How Much Money Can You Make? - Clark Howard Judgment on the arbitration award may be entered in any court having jurisdiction thereof. To resubscribe, text "START" to the number sending the feedback messages using the phone number associated with your account.
Uber Eats accused of using new contract to exploit Australian delivery It's as easy as signing up with your email and typing in your address. If we make a material change to the Agreement, we will notify you.
DoorDash Pros and Cons: What to consider before signing up 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. Grubhub will continue to honor any valid opt outs if you opted out of the Arbitration Agreement in a prior version of the Agreement. To be eligible for the Program, each applicant ("Applicant" or "you") must have valid and operative Delivery Partner Agreements with Grubhub, and be "Active" Grubhub delivery partners. Grubhub+ membership Learn about your membership benefits Grubhub reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Platform, including the Driver App, and/or services offered on or through the Platform (or any part thereof), including but not limited to the Driver Apps features, look and feel, and functional elements and related services. The terms and conditions of the Privacy Policy are incorporated into this Agreement by reference. Accordingly, you are not authorized to download, remove, transmit, alter, reproduce, modify, distribute, exploit, sell, lease, obscure, decompile, reverse engineer, or disassemble, any content or any trademark or copyright notice from the Platform, including, without limitation, the Materials. You agree that Your Content will not: We do our best to encourage civility and discourage disruptive communication on the Platform.
Zomato Delivery Boy Agreement - Assam Jatiya Bidyalay For example, if you unsubscribe from Grubhub order-related messages, you may still receive order-related messages when you place an order through Seamless, unless you also unsubscribe from Seamless order-related messages.
Warning to all drivers: I was just terminated for dropping orders. The Merchants available on our Platform operate independently of Grubhub. It's easily downloadable on any of your devices using various file formats. To ensure safety in your community, we default customers to contact-free deliveries and recommend that all delivery partners take proactive measures.
Ordering Food Online Is Easier Than You Think - Grubhub Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price for the Apple-Sourced Software; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Grubhub as provider of the software. You are responsible for all of Your Content.
Antitrust Concerns in the Food Delivery Industry during the Pandemic 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. 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. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. diners names, phone numbers, email, and physical addresses) and any other information subject to applicable privacy and/or data security laws, rules or regulations (collectively, Diner Data), transaction logs and other Materials (as defined below), solely for the purpose of providing the Services. IF YOU ARE DISSATISFIED WITH THE APP OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION. It means that by accessing and/or using the Driver App, you agree to all the terms and conditions of our Agreement.
What are the requirements for partnering with Grubhub? DoorDash vs UberEats vs Grubhub? Which one wins? - Your Gig Economist Please continue to follow the guidance of your public health authorities. Why you should consider driving for Grubhub. 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. Your responsibility to pay any AAA filing, administrative, and/or arbitrator fees will be solely as set forth in the applicable AAA Rules (as modified by section VII above). 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. 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. As a result, we save our clients up to 30 percent on food-related costs . Please contact your mobile phone carrier for details. Before you start delivering, please read these terms of use carefully, including the Privacy Policy incorporated herein. It means that by accessing and/or using the Platform or our Services, or by clicking a button or checking a box marked I Agree (or something similar), you agree to all the terms and conditions of this Agreement. 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. 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 are responsible for maintaining the confidentiality and security of your Account including your password and, if applicable, any password for Facebook, Google, or other third party login. Can I sign up to deliver using my bicycle? Grubhub respects the intellectual property of others, and we ask all of our users to do the same. This Batch Arbitrations provision shall in no way be interpreted as authorizing class arbitration of any kind. You agree that you will review this Agreement periodically and check the Effective date in this Agreement to stay aware of any changes. Your written description must be on an individual basis and also provide at least the following information: your name; a detailed description of the nature and basis of the Dispute, including any transaction details; and the specific relief sought and how it was calculated. You and Grubhub then agree to negotiate in good faith about the Dispute. 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. 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. We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Materials, solely as permitted by these Terms of Use and subject to all the terms and conditions of the Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Platform. DoorDash also has the highest cash out fee at $ 1.99, compared to UberEats and Grubhub at 50 cents per cashout. 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 the Platform, and your parent or legal guardian must read and agree to this Agreement on your behalf prior to your using the Platform.
Grubhub Sued for Alleged 'Deceptive Practices' and Prices - Newsweek {"title":"Terms Of Use - GH ","pageTitle":"Food Delivery | Restaurant Takeout | Order Food Online | Grubhub","metaDescription":"Free online ordering from restaurants near you! You also agree to comply with any written requests from Diners or Grubhub to delete Diners Data. The company relies on user reviews to improve the delivery experience. We also do our best to discourage communications that incite others to violate our standards.
Grubhub and Cartken Partner to Bring Robot Delivery to College Campuses Submit your application, drivers license and insurance. We strive to maintain a high level of integrity with our Ratings and Reviews and other aspects of Your Content. To opt out, you must notify Grubhub in writing no later than 30 days after first becoming subject to this Mutual Arbitration Agreement. UberEats allows you to cash out the moment you earn money and Grubhub has a three-day bank info verification window before it allows you to cash out your earnings when you first start. Centerview Partners (Financial adviser to Grubhub) +1 212 380 2650. Grubhub may monitor any and all use of the Driver App, and may manage the Driver App in a manner intended to protect our property and rights and to facilitate its proper functioning. IF YOU ARE A CONSUMER RESIDING IN NEW JERSEY, THE FOLLOWING PROVISIONS OF THIS AGREEMENT DO NOT APPLY TO YOU (AND DO NOT LIMIT ANY RIGHTS THAT YOU MAY HAVE) TO THE EXTENT THAT THEY ARE UNENFORCEABLE UNDER NEW JERSEY LAW: (A) THE DISCLAIMER OF LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (FOR EXAMPLE, TO THE EXTENT UNENFORCEABLE UNDER THE NEW JERSEY PUNITIVE DAMAGES ACT, NEW JERSEY PRODUCTS LIABILITY ACT, NEW JERSEY UNIFORM COMMERCIAL CODE, AND NEW JERSEY CONSUMER FRAUD ACT); (B) THE LIMITATION ON LIABILITY FOR LOST PROFITS OR LOSS OR MISUSE OF ANY DATA (FOR EXAMPLE, TO THE EXTENT UNENFORCEABLE UNDER THE NEW JERSEY IDENTITY THEFT PROTECTION ACT AND NEW JERSEY CONSUMER FRAUD ACT); (C) APPLICATION OF THE LIMITATIONS OF LIABILITY TO THE RECOVERY OF DAMAGES THAT ARISE UNDER CONTRACT AND TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY (FOR EXAMPLE, TO THE EXTENT SUCH DAMAGES ARE RECOVERABLE BY A CONSUMER UNDER NEW JERSEY LAW, INCLUDING, WITHOUT LIMITATION, THE NEW JERSEY PRODUCTS LIABILITY ACT); AND (D) THE NEW YORK GOVERNING LAW PROVISION (FOR EXAMPLE, TO THE EXTENT THAT YOUR RIGHTS AS A CONSUMER RESIDING IN NEW JERSEY ARE REQUIRED TO BE GOVERNED BY NEW JERSEY LAW).