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Plain-English summary
The Chipotle Terms of Use contain several concerning clauses, primarily regarding legal rights and user-submitted content. The most significant concern is the mandatory arbitration agreement and class action waiver (risk_flags-0001), which limits your ability to pursue legal action in court. There are strong indemnity clauses (risk_flags-0005) that place responsibility on you for certain claims and expenses. The company can terminate your access to services without prior notice (risk_flags-0002) and explicitly states that it is not liable for certain types of damages (risk_flags-0006) or the conduct of third-party providers (risk_flags-0008). Furthermore, if you access the service as a 'tester' for legal compliance, you waive your privacy rights (risk_flags-0003) and claims related to invasion of privacy (risk_flags-0004). Lastly, the company obtains a broad, perpetual, and royalty-free license to any content you submit through the services for commercial use (data_use-0001).
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Risks to you
Clauses that could pose a notable risk to you, from legal disclaimers to significant liability grants.
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Mandatory Arbitration & Class Action Waiver
This service requires you to resolve legal disputes through individual arbitration and waive your right to participate in class action lawsuits. This also includes a jury trial waiver.
Why it matters: You cannot sue the company in court and cannot participate in class action lawsuits. Arbitration provides less discovery and appellate review than in court, limiting your legal recourse.
THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, THE DISPUTE RESOLUTION SECTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER, GOVERNING LAW, AND VENUE) INCLUDED BELOW, AND ANY ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Title: Terms of Use - Chipotle Mexican Grill, paragraph 1 · Citation strength: strong
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Company can terminate your access without prior notice.
The company may, in its sole discretion and without prior notice, block and/or terminate your access to the Services if Chipotle determines that you have violated these Terms.
Why it matters: Your access to the service can be revoked at any time without warning if the company believes you have violated their terms, potentially leading to immediate loss of service.
You agree that Chipotle may, in its sole discretion and without prior notice, block and/or terminate your access to the Services if Chipotle determines that you have violated these Terms or other agreements or guidelines that may be associated therewith.
**VIOLATION OF THESE TERMS AND REMEDIES**, paragraph 1 · Citation strength: strong
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You waive privacy rights if you access service as a 'tester' for legal compliance.
If you access or use the services for unauthorized purposes, such as investigating compliance with privacy laws, you agree you have no reasonable expectation of privacy and consent to disclosure of your data.
Why it matters: If you access the Services to test for privacy compliance or create evidence against the company, you forfeit any expectation of privacy and consent to the company collecting and sharing your data.
By accessing or using the Services and accepting these Terms, you agree that you are not accessing or using the Services for such purposes, and if you do access or use the Services for such unauthorized purposes despite our clear indication to you of your lack of authorization, you agree and acknowledge that (a) you have no reasonable expectation of privacy in connection with your access to or use of the Services, (b) you have consented to our disclosure of any data collected about you or your interaction with the Services to any third parties through cookies, pixels, tags, web beacons, java scripts, GET requests, and other technology
You waive invasion of privacy claims if you access service as a 'tester' for legal compliance.
If you access or use the Services for unauthorized purposes, such as investigating compliance with privacy laws, you waive and release the company from any liability for certain claims, including invasion of privacy.
Why it matters: If you use the service to test for compliance with privacy laws, you implicitly agree to give up your right to sue the company for privacy violations or unlawful wiretapping.
you hereby waive and release Chipotle[](https://www.chipotle.com/terms-of-use)from any liability for any claims related to invasion of privacy or violation of state or federal wiretapping laws or any consumer privacy laws and regulations in connection with your access to and use of the Services.
You indemnify the company for specific claims and expenses.
You agree to indemnify, defend, and hold harmless Chipotle from claims, damages, losses, costs, and expenses arising from your breach of these Terms or your activities in connection with the Services.
Why it matters: You may be responsible for the company's legal costs and damages if you violate the terms or cause issues through your use of the services.
You agree to indemnify, defend, and hold harmless Chipotle, its affiliates, its providers, and its officers, directors, employees, attorneys, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms; and/or (2) your activities in connection with the Services and/or materials, programs, and features made available therein.
Title: Terms of Use - Chipotle Mexican Grill, paragraph 9 · Citation strength: strong
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Company not liable for certain damages.
Chipotle and its providers are not liable for damages such as lost profits, business interruption, or loss of information resulting from your use or inability to use the Services, even if advised of such possibility.
Why it matters: You cannot claim certain types of damages from the company if you experience issues with their services, even if they were aware that such damages might occur.
In no event shall Chipotle or any of Chipotle’s Providers be liable to any person for damages of any kind under any legal theory, including, but not limited to, any direct, indirect, special, consequential, punitive, or other damages (lost profits, business interruption, or loss of information, programs, or data) resulting from your use or inability to use the Services, even if Chipotle has been advised of the possibility of such damages.
Title: Terms of Use - Chipotle Mexican Grill, paragraph 5 · Citation strength: strong
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Service provided 'as is' with no warranties.
The services are provided on an “as is, as available” basis without any representation or warranty, express or implied. The company disclaims all warranties of any kind or nature, including merchantability, accuracy, non-infringement, and fitness for any particular purpose.
Why it matters: The service makes no guarantees about its features, functionality, or reliability, and the company is not responsible if the service does not meet your expectations or causes issues.
The Services are provided on an “as is, as available” basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by law, Chipotle hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, and fitness for any particular purpose.
Title: Terms of Use - Chipotle Mexican Grill, paragraph 4 · Citation strength: strong
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Company not responsible for third-party conduct.
Chipotle disclaims any and all liability for the acts, omissions, and conduct of any third-party service providers, partners, sponsors, licensors, licensees, and the like in connection with or related to your use of the Services.
Why it matters: If a third-party service provider causes issues or harm while you are using the services, the company is not responsible.
Chipotle disclaims any and all liability for the acts, omissions, and conduct of any third-party service providers, partners, sponsors, licensors, licensees, and the like (“Providers”) in connection with or related to your use of the Services and materials, programs, and features made available therein.
Title: Terms of Use - Chipotle Mexican Grill, paragraph 4 · Citation strength: strong
How your data is used
Clauses that describe how the company collects, processes, and shares your data.
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Broad license to user-submitted content for commercial use.
By submitting content, you grant the company an irrevocable, perpetual, royalty-free, worldwide, transferable and sublicensable, non-exclusive license to use or commercialize such content and any intellectual property rights within it.
Why it matters: The company can use any content you submit through the services, including your ideas and intellectual property, for any commercial purpose, without paying you or asking for further permission.
By submitting Submitted Content to us, you grant to us, free of charge, an irrevocable, perpetual, royalty-free, fully paid up, worldwide, transferable and sublicensable, non-exclusive license to create derivative works, distribute, reproduce, perform, display, and otherwise use or commercialize such Submitted Content and any intellectual property rights or proprietary information and ideas contained within any such Submitted Content.
Clauses that describe how you can cancel the service or how your subscription renews.
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Other 'gotchas'
Unexpected clauses that might be hidden in the fine print.
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Protections for you
Clauses that provide notable benefits or protections to you.
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Option to easily opt-out of text messages.
You can opt-out of the mobile text program by texting 'STOP' to the provided numbers.
Why it helps: You have a clear and simple way to stop receiving unwanted text messages from the company.
If you would like to be removed from the Chipotle mobile text program, you can text STOP to 888222 (U.S.) or 888333 (Canada) to opt-out. After texting STOP to 888222 you will receive one additional message confirming that your request has been processed.