As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-arbitrator-except-class-waiver
Except as otherwise provided here, you and Instacart agree that the arbitrator, not any court or agency, has exclusive authority to decide disputes about the interpretation or application of the Arbitration Agreement, including the applicability, enforceability, formation, revocability, scope, or validity of this Arbitration Agreement, including whether all or part of it is void or voidable and any threshold arbitrability issues (such as waiver, delay, laches, unconscionability, or estoppel), except that any dispute over whether all or part of Section 7.2.8 (Class, Collective, and Representative Action Waiver) is unenforceable, illegal, void or voidable, or that such section has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator.
Company’s fee promise
Reviewed category: silent
No provision on this field was extracted from the captured text.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
if the arbitrator finds that the other party's claim, cross-claim, or defense was groundless, brought in bad faith or for harassment, or otherwise frivolous under the standard of Federal Rule of Civil Procedure 11 or a state or local equivalent, the arbitrator shall award appropriate attorneys’ fees and costs.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
Compliance with this informal dispute resolution process is a mandatory precondition to commencing any arbitration or court proceeding between you and Instacart, except where delay would cause immediate and irreparable harm and the requesting party seeks temporary, preliminary, or emergency injunctive or other emergency equitable relief, or where prohibited by applicable law in the jurisdiction where you reside.
Mass-arbitration terms
Reviewed category: batching
To increase the efficiency of arbitration, if 25 or more individual arbitration demands (“Demands”) that are substantially similar are filed against Instacart by or with the assistance of the same Claimant’s Counsel, those Demands will be administered in coordinated batches, with one arbitrator and one set of administrative fees per batch as described below (“Batch Arbitration”).
Small-claims carve-out
Reviewed category: available-standard-carve-out
Small Claims. Qualifying claims may be brought in small claims court, so long as the claims proceed there on an individual (non-class, non-collective, non-representative) basis and remain there. If a Claim qualifies for small claims court but a party instead asserts the Claim in arbitration, the other party may elect to have the Claim heard in small claims court instead. The election to move a Claim to small claims court must be made before the arbitrator’s initial conference. Where such an election is timely made, the arbitration will be administratively closed. Any dispute about whether a Claim qualifies for small claims court will be resolved by that court, not by the arbitrator.
Opt-out
Reviewed category: general-with-window-30-days
Each account holder must submit their own opt-out. Opt-outs submitted by an attorney on your behalf, or as part of a consolidated, mass, or coordinated submission covering multiple accounts, are not effective.
Unilateral modification
Reviewed category: continued-use-is-acceptance
If we make a material change to this Arbitration Agreement, we will notify you before the change takes effect. Your continued use of the Services after any change takes effect constitutes your acceptance of the change.
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
Third-Party Disputes include claims involving Retailers; Third-Party Providers (including personal shoppers, delivery personnel, or logistics partners); payment processors; partners assisting in fraud prevention; companies advertising through the Services; partners providing advertising measurement, attribution, or analytics; companies offering co-branded services or products with Instacart; and your spouses, dependents, heirs, third-party beneficiaries, or assigns.
Confidentiality of the arbitration
Reviewed category: no-preclusive-effect-clause
A final award in any one batch will have no preclusive effect in any other batch.
Shortened limitations period
Reviewed category: silent
No provision on this field was extracted from the captured text.
Severability if the class waiver is struck
Reviewed category: narrow-severance
Subject to Section 7.2.8 (Class, Collective, and Representative Action Waiver), if any part of this Section 7 is found to be void or unenforceable, that part will be severed and the remainder will stay in force.
Counsel or representation restrictions
Reviewed category: individualized-conference-required
If a Conference is requested, you and Instacart must each fully participate—it is not enough for only lawyers to attend. If you’re represented by a lawyer, your lawyer may also attend; if your lawyer attends, Instacart may also have counsel present. You are not required to retain or be represented by a lawyer to participate in the settlement discussion. If you choose to participate without a lawyer, that will not affect your rights in any way. Individual Conferences Only. Each Conference covers one dispute only. Multiple claimants may not participate in the same Conference — even if represented by the same counsel — unless all parties agree.
Mass-arbitration numeric trigger
Reviewed category: batching-trigger
Stated term: “25 or more” individual arbitration demands that are substantially similar — recorded as 25
Window, as reviewed: within a 90-day period (AAA may also extend to demands outside that period if it finds the same counsel and similarity)
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
if 25 or more individual arbitration demands (“Demands”) that are substantially similar are filed against Instacart by or with the assistance of the same Claimant’s Counsel