Grubadub.com

Terms of use

Grubadub.com Terms of Use and Membership

Updated on January 1, 2017

Welcome to Grubadub.com (this “Site”). By using this Site, registering as a member of Grubadub.com, participating in the Grubadub.com reward programs ” or by participating in any survey provided or hosted by Grubadub.com or our partners (each, a “Survey,” and collectively “Surveys”), you agree to these Terms of Use and Membership (“Terms”). If you do not agree, do not use this Site.

Grubadub.com reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms, at any time and from time to time. It is your responsibility to check these Terms periodically for changes. Your continued use of this Site following the posting of such changes will mean that you accept and agree to the changes. Provided you comply with these Terms, Grubadub.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use this Site.

  1. Membership in Grubadub.com

By joining as a member of Grubadub.com, you agree to receive invitations to participate in Surveys via this Site or via emailed Survey invitations. Grubadub.com does not guarantee that you will receive a certain minimum volume of Survey invitations or any Survey invitations at all. Your participation in any Survey and your disclosure of any personally-identifiable information is completely voluntary. Membership in Grubadub.com is free and is generally open to individuals who satisfy the requirements for membership, including the minimum age requirement and the geographic location requirement. Only one member per unique email address is allowed. Grubadub.com may refuse membership to any person for any lawful reason or for no reason, in the discretion of Grubadub.com.

  1. Account Registration

While you may access this Site without registering for membership in Grubadub.com, in order to have a Grubadub.com member account in your name (an “Account”) and to earn points, you must complete an online registration form. To create an Account, you must provide complete and accurate contact information, including your full legal name, home address, valid email address, and all other requested information. Each Account may have only one unique email address and one password. To have full access to Surveys and rewards, you must verify your email address by clicking the link within the confirmation email sent to you immediately after you fill out the registration form on Grubadub.com.

Should you forget your password, you may request a temporary password to be sent to you via email in order to regain use of your Account. After the temporary password is received, you can change your password to something of your choice. You may not use another account holder’s email address or password or allow anyone else to use your email address or password, for any reason.

  1. Account Maintenance, Security and Access

You agree to keep Account information updated in order to maintain its accuracy. Grubadub.com may terminate or suspend your membership and you may forfeit your Grubadub.com  rewards if you fail to provide or keep your personal information accurate and complete.

You are solely responsible for the security of your email address and password and any activity that occurs under your Account, whether authorized or unauthorized. Grubadub.com will not be responsible for any losses incurred through the use of your email address or password by a third party, except when unauthorized use is directly attributable to the gross negligence of Grubadub.com. You agree to immediately notify Grubadub.com of any unauthorized use or breach of your Account or a breach of these Terms or the terms and conditions of the Rewards Program.

You are responsible for providing any computer equipment and communications services necessary to connect to and access this Site and Surveys.

  1. Privacy

To read about how Grubadub.com collects, uses and shares your personal information, please review our privacy policy.

  1. Eligibility to Receive Surveys

Multiple individuals within the same household may join to become a Grubadub.com member and receive Surveys. However, due to the nature of how Grubadub.com collects household data, only one member per household can participate in one specific Survey that is fielded over a specific period of time. If a member within a household has already completed that Survey in such period of time, the other member of the household will receive a message that the Survey has already been completed when trying to access that Survey.

For more information on our Survey eligibility, please visit our FAQs.

  1. Reward Programs

Grubadub.com members have the opportunity to earn points which can be used as sweepstakes entries within the Grubadub.com Program or auction bids within the Grubadub.com Reward Program. Reward Program Terms and Conditions can be accessed here or found in the Grubadub.com Reward Center or on the Grubadub.com prize boards.

If you joined Grubadub.com through an advertisement, offer, or link via a third party and were offered a reward for joining Grubadub.com from the third party, Grubadub.com is not responsible or liable for the fulfillment or processing of such rewards.

  1. Unauthorized Use

You agree not to: (a) post material that advocates illegal activity; (b) post personal attacks or anything obscene, vulgar, illegal, harmful, insulting, threatening, abusive, harassing, defamatory, libelous, untrue, misleading or invasive of someone else’s privacy; (c) post any advertising, referrals, promotional materials, junk mail, “spam”, chain letters, pyramid schemes or any other form of solicitation; (d) post any content that infringes any patent, copyright, trademark, trade secret or other intellectual property right of another; (e) provide untruthful or false answers in Grubadub.com; (f) access or use any part of the Site for anything other than your personal, non-commercial use; (g) access or use any part of the Site in any way that may violate any applicable federal, state, local or international law, regulation, or other governmental requirement and/or regulation, treaty or tariff; (h) impersonate any individual or entity, including, without limitation, an Grubadub.com employee, agent or client, or another Grubadub.com member or otherwise misrepresent your affiliation with any person or entity, including by “framing” any portion of this Site to make it look like you have a relationship with Grubadub.com or that Grubadub.com has endorsed you for any purpose; (i) publish or make reference to any Survey or Site content in any media or in the public domain; (j) collect or store any personal information about other members; (k) attempt to access any service or area of the Site that you are not authorized to access; (l) use spiders, robots or other automated data mining techniques to catalog, download, store, or otherwise reproduce or distribute data or content available in connection with the Site or the Surveys, or to manipulate the results of any Survey, auction, sweepstakes, poll, forum or contest; (m) send to Grubadub.com or this Site (or otherwise impact Grubadub.com or this Site with) harmful, illegal, deceptive or disruptive code such as a virus, “spyware”, “adware” or other code that could adversely impact this Site or any recipient or take any action, such as a denial of service attack, or any other action that might impose a significant burden on this Site’s infrastructure or interfere with the ordinary operation of this Site; (n) post on the Site or any other platforms accessed via this Site (e.g. Facebook or Twitter) any statements you receive from the Grubadub.com help desk; (o) communicate with the Grubadub.com help desk in a manner which is obscene, vulgar, harmful, insulting, threatening, abusive, harassing, defamatory, libelous, untrue or misleading or (p) engage in any other activity that Grubadub.com, in its sole discretion, deems to be improper or abusive.

Any violation of any of the items listed above could result in termination of your Account and forfeiture of any Grubadub.com Points and you may be liable for monetary damages to Grubadub.com. Grubadub.com reserves the right to withhold awarding Grubadub.com Points to you if, in Grubadub.com’s reasonable view, your Survey responses are untruthful or false.

  1. Confidentiality of Surveys and Materials

Grubadub.com, Grubadub.com’s partners, affiliates and clients may disclose confidential and/or proprietary information and materials to you as part of Surveys or other means of collecting research, and such information and materials shall remain the sole and exclusive property of its owner. This confidential information may include, but is not limited to, new product ideas or concepts, packaging concepts, and advertising. By becoming a member, you agree that you will keep the contents and materials disclosed to you as part of all Surveys in which you participate confidential and not disclose them to any third party or use the confidential information for any purpose except for the sole purpose of completing the Survey. If you breach this obligation, in addition to termination of your Account and forfeiture of Grubadub.com Points, you may be liable for monetary damages to Grubadub.com and/or Grubadub.com’s clients for damages caused by the result of your breach.

  1. Member Content

You hereby give a non-exclusive, perpetual, unlimited, worldwide, royalty-free right to Grubadub.com and its affiliates to use for any purpose any content, including images and video, you submit to this Site, and our partner sites (e.g. Grubadub.com) (“Member Content”), including the right to edit, copy, transmit, publish, display, modify and distribute Member Content. You are solely liable and responsible for all content, materials, information, and comments you use, upload, post or submit on the Site or in Surveys and you represent and warrant to Grubadub.com and its affiliates that you have the right to provide the Member Content to Grubadub.com. You will not receive compensation for any Member Content which you submit unless otherwise specified by Grubadub.com.

  1. Termination of Your Account

Members can cancel their Account at any time by clicking on the “unsubscribe” link which can be found on both Grubadub.com and within all Survey email invitations, and then following the unsubscribe process as indicated on the Site. Upon completion of the unsubscribe process, your Account will be closed within 7 to 10 business days.

Grubadub.com may terminate your Account for any lawful reason or for no reason, in the discretion of Grubadub.com. In the event of termination of your Account by Grubadub.com (other than for your violation or failure to comply with these Terms), Grubadub.com shall maintain unredeemed rewards, incentives, and/or prizes active and available for you to redeem for a period of thirty (30) days following termination.

  1. Intellectual Property

This Site is protected by intellectual property laws and you agree to respect them. All rights not expressly granted to you are reserved by Grubadub.com, or its licensors.

The logo and trademarks ” Grubadub.com “, are trademarks of Grubadub.com. All other trademarks, service marks, logos and trade names used on this Site are the property of Grubadub.com or its respective owners. All rights are reserved.

As used herein, “Site Content” means (without limitation) all text, design, graphics, images, sound files, animation, video, interfaces, software, code and the selection and arrangement thereof appearing or included from time to time on this Site, other than Member Content. All Site Content is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No Site Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of these Terms or with Grubadub.com’s prior non-electronic consent. Modification or use of the Site Content for any other purpose may violate intellectual property rights. No title to copies or to intellectual property rights are transferred to users, and all title and rights remain with Grubadub.com or its licensors.

  1. Disclaimer

ALL INFORMATION, SURVEYS, CONTENT, SITE CONTENT, MATERIAL, COMMENTARY AND SERVICES MADE AVAILABLE ON, OR THROUGH, THE SITE, ARE PROVIDED “AS IS”. Grubadub.com AND ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, SURVEYS, PRODUCTS, OR SERVICES MADE AVAILABLE ON, OR THROUGH, THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR SITE CONTENT. FURTHER, Grubadub.com HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Grubadub.com DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY, OR FUNCTIONS CONTAINED IN THE SITE OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE SITE AND MAKE THE SITE AVAILABLE WILL BE FUNCTIONAL, OR THAT THE SITE AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Grubadub.com DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT, OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE SITE.

  1. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER Grubadub.com NOR ANY OF ITS AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR GENERAL DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OF DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THE AGREEMENT OR THIS SITE, EVEN IF Grubadub.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.

IN NO EVENT SHALL THE LIABILITY OF Grubadub.com, ITS AFFILIATES, SUCCESSORS OR ASSIGNS, SUPPLIERS OR AGENTS EXCEED THE ACTUAL RETAIL VALUE OF AN APPLICABLE REWARD AT ISSUE, OR IF A DISPUTE RELATES GENERALLY TO YOUR USE OF THE SITE, TO THE FAIR MARKET RETAIL VALUE OF THE REWARDS WHICH YOUR UNUSED, UNEXPIRED, NON-CANCELED Grubadub.com POINTS ARE CONVERTIBLE INTO.

  1. Indemnification

You agree to indemnify and hold Grubadub.com, and affiliated companies, together with their officers, directors, owners, employees and agents harmless from any and all claims, losses, damages, suits, fines, levies and costs (including reasonable attorney’s fees and expert witness costs, including costs associated with in-house counsel), (each, a “Claim” and collectively “Claims”), arising from or related to your use of this Site and any Member Content you place on this Site, including Claims made by third parties. You agree that Grubadub.com has the unlimited right to defend any Claim and to settle any Claim without your prior permission. You agree to provide Grubadub.com with all reasonable assistance in the defense of any Claims.

  1. Links

You may be able to voluntarily link or connect to websites maintained and/or operated by third parties (a “Third Party Website”). Grubadub.com does not endorse any Third Party Website nor any products, services, and/or opportunities advertised, offered and/or sold by, through or in connection with any Third Party Website. Grubadub.com does not make any representations or warranties regarding any Third Party Websites and/or the information displayed on Third Party Websites. Please carefully review all policies and terms applicable to the Third Party Websites.

  1. Notices

Notices to You: Grubadub.com may give you notices that we are required to give by posting notice on this Site. You also agree that we may give notice by email in our discretion, including notice of subpoenas or other legal process (if any). We may provide notice to any email or other address that you provide during registration. You agree to keep your address current and to check for notices posted on the Site.

Notices to Grubadub.com: All questions regarding this Site or these Terms should be emailed to info@Grubadub.com.

  1. Miscellaneous Terms

These Terms, including items incorporated into them (e.g., Privacy Policy, Reward Terms and Conditions), and disclosures provided by us and consents provided by you on the Site (collectively, the “Agreement”), constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Agreement. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches. You agree that neither your membership in Grubadub.com nor your completion of any Surveys for Grubadub.com create any agency, partnership or employment relationship. You also agree the Grubadub.com Points or other incentives you receive for completing Surveys are the only consideration you will receive for your completion of Surveys. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to the choice of law rules thereof, and, to the fullest extent permissible by applicable law, each party agrees to the exclusive jurisdiction and venue of the state and federal courts in the State of New York for actions related to the subject matter hereof.