The agreement waives users' rights to participate in class, collective, or representative actions and to jury trials for all covered claims. Disputes may only be brought on an individual basis in arbitration, with the exception that the enforceability of the class action waiver itself is reserved for judicial determination.
This analysis describes what Instacart's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes that the enforceability of the class action waiver subsection is specifically carved out from the arbitrator's authority and reserved for a court of competent jurisdiction, creating a judicial review point. If a court finds the waiver unenforceable as to a specific claim, that claim may be severed and litigated in court while the remainder of the arbitration agreement continues.
Under this clause, users may not join class action lawsuits or participate in collective proceedings against Instacart for covered claims. The agreement also waives the right to a jury trial for all claims subject to arbitration.
How other platforms handle this
If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.
the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
"EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, OR REPRESENTATIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY CLAIM BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW. ... TRIAL BY JURY WAIVER: BY ENTERING INTO THESE TERMS, YOU AND INSTACART AGREE TO WAIVE ANY RIGHT TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT.Excerpt from Instacart's Terms of Service (Superseded Capture)
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Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
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This provision establishes that the enforceability of the class action waiver subsection is specifically carved out from the arbitrator's authority and reserved for a court of competent jurisdiction, creating a judicial review point. If a court finds the waiver unenforceable as to a specific claim, that claim may be severed and litigated in court while the remainder of the arbitration …
Under this clause, users may not join class action lawsuits or participate in collective proceedings against Instacart for covered claims. The agreement also waives the right to a jury trial for all claims subject to arbitration.
ConductAtlas has identified this type of provision across 206 platforms. See the full comparison.
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