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
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either party retains the right to bring an individual action in small claims court, if the claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous...
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...
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"To the maximum extent permitted by applicable law, you and Instacart agree that disputes will be pursued on an individual basis and will not be brought as class, collective, or representative proceedings.— Excerpt from Instacart's Instacart Terms of Service (Superseded Capture)
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The clause states: “To the maximum extent permitted by applicable law, you and Instacart agree that disputes will be pursued on an individual basis and will not be brought as class, collective, or representative proceedings.”
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