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TERMS AND CONDITIONS


LAST UPDATED: AUGUST 15, 2023

Thank you for using Instacart! These Terms of Service (“Terms”) govern your use
of the Instacart services, including any websites, mobile applications, devices,
APIs, or artificial intelligence (“AI”) powered generative experiences that are
operated by Instacart or its subsidiaries and affiliates (collectively, the
“Services”), and are entered into by you and Maplebear Inc. (d/b/a Instacart), a
Delaware corporation, and its subsidiaries and affiliates (“Instacart”). This
Agreement applies to all visitors, users, and other parties who access the
Services (each, hereafter, a “user”). 

By using the Services, you agree to be bound by these Terms and acknowledge and
agree to the collection, use, and disclosure of your personal information in
accordance with Instacart’s Privacy Policy.

SECTION 17 (“DISPUTES & ARBITRATION”) OF THESE TERMS (THE “ARBITRATION
AGREEMENT”) PROVIDES THAT ANY CLAIMS THAT YOU AND INSTACART HAVE AGAINST EACH
OTHER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED
BEFORE THE EFFECTIVE DATE OF THESE TERMS, WILL, WITH LIMITED EXCEPTIONS, BE
SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE
ARBITRATION AGREEMENT, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK
RELIEF AGAINST INSTACART ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. TO THE FULLEST
EXTENT PERMITTED BY LAW, YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF
LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 17 FOR MORE
INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS
ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT. 

The Services include a technology platform that presents you with a retailer
(“Retailer”) virtual storefront from which you can select goods for picking and
packing by one or more personal shoppers and delivery to your location or, if
available, for you to pick up in-store. In some cases, picking, packing, and
delivery services may be performed by third parties, which may include Retailer
personnel, independent contractors, and third-party logistics providers
(collectively, “Third Party Providers”). 

You acknowledge that Instacart does not supervise, direct, or control the
performance of services provided by Third Party Providers, and that Third Party
Providers are neither employed by, nor in any partnership or joint venture or
agency relationship with, Instacart.  

When you use the Services to place an order for goods, you authorize the
purchase of those goods from the Retailer and, if you have selected delivery
services, the delivery of those goods by Third Party Providers. Unless otherwise
specified, you acknowledge and agree that Instacart and the Third Party Provider
are collectively acting as your agents in the ordering, picking, packing, and/or
delivery of goods purchased by you and that the Retailer—not the Third Party
Provider and not Instacart—is the seller of the goods to you. You agree that
your purchase is being made from the Retailer, that the Retailer is the merchant
of record, and that title to any goods passes to you when they are purchased at
the Retailer’s store. You agree that Instacart or the Retailer will obtain an
authorization for your credit card, debit card, or other payment method on file
with Instacart to cover the cost of the goods you have purchased from the
Retailer and any separate Instacart fees and optional tips, and your payment
method  will be charged for the goods purchased by you and any applicable fees,
taxes and/or tips. 

Instacart may change the fees it charges for the Services, including but not
limited to delivery fees, priority fees, service fees (including additional
service fees and/or surcharges to help offset specific costs), alcohol service
fees, heavy order fees, direct-to-consumer shipping fees, long distance fees
(for deliveries outside the delivery area for a Retailer), and special handling
fees. Instacart may vary certain fees based on demand, order attributes, and/or
other factors.  Your payment instrument will be temporarily authorized for an
amount greater than the total amount of the purchase appearing in the original
check out. This higher authorized amount will be disclosed during the purchase
process and is a temporary authorization charge on your order, to deal with
situations where your total purchase amount turns out to be higher than the
original amount due to special requests, added items, replacement items, weight
adjustments, or tips that you may elect to add after delivery. The Retailer sets
the prices of the goods on the Services, and the Retailer may set prices for
goods on the Services that differ from in-store prices, differ between
storefronts, or differ from the prices available on other online platforms or
services. The prices displayed on the Services may not be the lowest prices at
which the same goods or items are sold. In addition to this site, the Retailer
may operate additional storefronts, including storefront(s) on Instacart’s
virtual marketplace (available at instacart.com and the Instacart app) with
different pricing, selection, and order fulfillment. 

You also acknowledge and agree that, except as expressly provided for otherwise
in these Terms or a separate agreement between you and Instacart, Instacart does
not form any employment or agency relationship with you and does not hold title
to any goods that you order through the Services. 

Unless otherwise indicated, all prices and other amounts are in the currency of
the jurisdiction where the delivery takes place. 

Occasionally there may be information on the Services that contains
typographical errors, inaccuracies, or omissions that may relate to pricing,
product descriptions, promotional offers, and product availability. Instacart
reserves the right to correct any errors, inaccuracies or omissions and to
change or update information or refuse or cancel orders if any information on
the Services is inaccurate at any time without prior notice (including after you
have submitted your order and/or your payment method has been charged).


ADDITIONAL TERMS

Instacart is an independent business, separate from Publix. The Instacart
service, which includes the operation of this site (the “Retailer’s White Label
Site”) and delivery of groceries, is operated by Instacart and/or its
subcontractors, not by Publix. These Terms govern this site and the services
offered by Instacart. Publix is a trademark of Publix. All Rights Reserved.

You understand that Publix may send you sales and marketing emails. You can
opt-out of receiving Publix sales and marketing emails at any time by following
the unsubscribe instructions in those emails. This will not affect subsequent
subscriptions and if your opt-out is limited to certain types of emails the
opt-out will be so limited. Publix reserves the right to send you emails
relating to your Publix account or use of its services, such as administrative
and service announcements, and these transactional account messages may be
unaffected if you choose to opt-out from receiving Publix's marketing emails.

You understand that Publix is not responsible for any texts or calls you receive
from Instacart, and you explicitly disclaim any liability against Publix for any
such texts or calls.

Although Publix is not a party to these Terms, it is an intended third party
beneficiary of all the rights and benefits derived by Instacart under this
Section and Sections 4 through 24 of these Terms, with full right to enforce
such sections of the Terms against you.


1. YOUR USE OF THE SERVICES

Instacart grants you a limited, non-exclusive, non-transferable, and revocable
license to use the Services for their intended purposes subject to your
compliance with these Terms,  Instacart Community Guidelines for Customers, and
any other Instacart policies. You may not copy, modify, distribute, sell, or
lease any part of the Services. Unless such restriction is prohibited by law or
you have Instacart’s written permission, you may not reverse engineer (including
tracking the inputs and outputs flowing through our system or application in
order to mimic or recreate the system or application) or attempt to extract the
source code of the Services. You may only access the Services through the
interfaces that Instacart provides for that purpose (for example, you may not
“scrape” or “data mine” the Services through automated means or “frame” any part
of the Services), and you may not interfere or attempt to disrupt the Services.
You further agree that you will not use the Services or any information
contained therein or obtained therefrom, including any output or other
information derived from the Services, to directly or indirectly create, train,
test, or improve any machine learning, large language, or artificial
intelligence models, or similar or competing product, service, or technology
(including for research purposes, open source, or other non-commercial use). 

Some parts of the Services may allow you to upload or submit content (such as
text, images, video, recipes, lists, links, and other materials). As between you
and Instacart, you retain all rights in any content that you upload or submit,
and are solely responsible for that content. By uploading content, you represent
and warrant that you either own it or are authorized to grant Instacart the
rights described in these Terms. You are responsible and liable if any of your
content violates or infringes the intellectual property or privacy rights of any
third party.  You grant Instacart a non-exclusive, royalty-free, worldwide,
transferable, sub licenseable, perpetual license to use, store, publicly
display, publicly perform, reproduce, modify, create derivative works from, and
distribute any such content, and to use the content to train, test, or otherwise
enhance our machine learning algorithms for the purposes of operating,
providing, and improving the Services. Instacart may, in its sole discretion,
remove or take down any content that you upload or submit to the Services for
any reason, including violation of these Terms, the Instacart Community
Guidelines for Customers, or any other policies. As between you and Instacart,
Instacart is the owner of any content that you may receive from the Services,
including any results returned from queries made through the Services, whether
made using AI powered generative experiences or otherwise. 

You may have the option of accessing the Services through downloadable software
and this software may update itself automatically on your device. Some software,
or portions of software, in the Services may be governed by open source
licenses. In that case, Instacart will make such licenses available to you and,
in the case of conflict between such a license and these Terms, the open source
license will control but only with respect to the software, or portion of the
software, to which it applies.

By using the Services, you represent and warrant that you are of legal age in
the jurisdiction in which you reside to form a binding contract with Instacart.
If you are using Instacart Services for its intended purposes on behalf of a
business or other entity, you represent and warrant that you have the necessary
authority to bind that business or entity to these Terms and that you are
agreeing to these Terms on behalf of that business or entity. 

In order to use the Services, you may need to create a user account. You agree
that you are responsible for all conduct and transactions that take place on or
using your account and that you will take precautions to keep your password and
other account information secure. You also agree that you will comply with all
applicable laws when accessing or using the Services, you will adhere to the
Instacart Community Guidelines for Customers (which may be updated from time to
time) and any other applicable Instacart policies, and you will respect those
who you encounter in your use of the Services, including Third Party Providers,
Instacart personnel, and individuals who support Instacart’s Help Center.
Instacart reserves the right to decline orders, refuse partial or full delivery,
terminate or restrict access to accounts or Services, and/or cancel orders at
any time in its sole discretion. Instacart may periodically offer you certain
incentives or benefits (e.g. trial Instacart+ membership, credit, coupon,
promotion code, and/or discount code).  

We’re constantly modifying and improving the Services. Instacart may introduce
new features, change existing features, or remove features from the Services at
any time and without notice. If you provide Instacart with any feedback on or
comments regarding the Services, you grant Instacart the right to use such
feedback or comments for any purpose without restriction or payment to you. 

If you have any requests for order cancellations, refunds, or returns, please
visit your account to initiate such requests or review our Help Center articles
for our policies regarding the same. Please note that once a shopper has begun
shopping your order and/or delivery has begun, you may no longer have the option
to reschedule or cancel the order. If we are able to reschedule or cancel your
order, you may be charged a fee and/or may not be refunded for items that have
been purchased on your behalf.

If Instacart suspects or determines, in its sole discretion, any fraud,
tampering, abuse, or violation of our Terms of Service in connection with your
use of the Services (including but not limited to any order, refund, or use of
an incentive or benefit), Instacart reserves the right to cancel the order,
decline or reverse a refund, charge your card on file, revoke, cancel and/or
terminate the incentive or benefit, or to take other remedial measures.


2. INSTACART COMMUNICATIONS

By creating an Instacart user account, you agree to accept and receive
communications from Instacart or Third Party Providers, including via email,
text message, calls, and push notifications to the cellular telephone number you
provided to Instacart. You understand and agree that you may receive
communications generated by automatic telephone dialing systems and/or which
will deliver prerecorded messages sent by or on behalf of Instacart, its
affiliated companies, and/or Third Party Providers, including but not limited to
communications concerning orders placed through your account on the Services.
Message and data rates may apply. If you do not wish to receive promotional
emails, text messages, or other communications, you may opt out of such
communications at any time in Your Account Settings or by using the unsubscribe
mechanism included in the message, where applicable. You may also opt-out of
receiving promotional text messages from Instacart by replying “STOP” from the
mobile device receiving the messages. 

If you use the Services to order a prescription drug product (where available),
you understand and agree that user inquiries must be conducted via telephone.
You also understand and agree that a third party pharmacy and/or Instacart may
send you unencrypted SMS messages, push notifications or other electronic
notifications relating to prescription drug products that you order through the
Services. There is some level of risk that information in such communications
could be read by an unintended third party. By using the Services to order a
prescription drug product, you explicitly disclaim any liability, and waive and
release any claim (to the maximum extent permitted by law), against Instacart,
its affiliated companies, and Third Party Providers for any harm or damage
arising out of or in connection with any SMS messages, push notifications and/or
other electronic notifications. 


3. INSTACART+

Instacart+ (formerly Instacart Express) is a membership program that waives the
delivery fee and reduces certain service fees for scheduled deliveries on orders
$35 or over (the "Instacart+ Benefits") with the Retailer placed through the
Services for a monthly or yearly subscription fee. Instacart+ Benefits may not
be available or may differ on the Retailer’s White Label Site. You acknowledge
that your Instacart+ membership does not entitle you to faster delivery times or
guaranteed or priority time slots. Service fees (including additional fees and
surcharges to help offset specific costs), priority fees, direct-to-consumer
shipping fees, long distance fees, alcohol service fees, heavy order fees,
special handling fees, taxes and/or tips may still apply. For combinations with
other offers, restrictions may apply. Prescription drug delivery services
through Instacart Rx are not eligible for Instacart+ membership benefits.

UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY
APPLICABLE LAW), YOUR INSTACART+ MEMBERSHIP WILL AUTOMATICALLY RENEW FOR THE
AGREED UPON MONTHLY OR ANNUAL TERM, AND THE APPLICABLE MEMBERSHIP FEE WILL BE
AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL WITH AN ACTIVE  PAYMENT
METHOD ON FILE IN YOUR ACCOUNT. The billing date will depend on the type of
subscription that you choose when you sign-up for an Instacart+ membership
(monthly or yearly) and will be charged within 24 hours of the billing date
indicated on your “Your Instacart+ Membership” page. In certain circumstances,
your billing date may change. For instance, if we are unable to successfully
charge your card for the Instacart+ membership fee on a given day (e.g., a
Federal holiday or technical failures). Instacart+ membership fees are fully
earned upon payment.

If your payment details change, your card or other payment method provider may
provide us with updated payment details. We may use these new details or details
from other payment methods on file in order to help prevent any interruption to
your Instacart+ membership. If you do not want to have your card or other
payment method automatically updated, you can opt out of these services by
contacting your financial institution. If you would like to use a different
payment method or if there is a change in payment method, please update your
billing information on your “Your Instacart+ Membership” page under the Payment
section. All billing information you provide to us must be truthful and accurate
and you represent that you are authorized to use the payment method in the
manner contemplated here. If the payment method you provided to us for payment
is declined or if a payment was not successfully made by you, you remain
responsible for any uncollected amounts. If a payment is not successfully made
and you do not cancel your account, we may suspend your access to the Services,
including without limitation your Instacart+ membership, until we have
successfully charged a valid payment method. 

If you do not want your membership to automatically renew, you can cancel your
Instacart+ membership at any time using this link or on your “Your Instacart+
Membership” page by following the “Cancel Membership” link. You may cancel your
membership within the first five (5) calendar days of your paid membership term
or renewed annual subscription, and receive a refund of the Instacart+
membership fee you paid, but only if you have not placed any orders using your
Instacart+ membership. When you cancel a monthly membership or if you cancel at
any other time, you will not receive a refund, but you can continue to enjoy the
benefits of your Instacart+ membership through the end of your paid membership
term. Additional instructions on how to manage your Instacart+ membership are
available in the Help Center. 

From time to time, Instacart offers some users trial or other promotional
memberships to Instacart+. Such trial or promotional memberships are subject to
these Terms except as otherwise stated in the promotional offer, including which
users are eligible for the promotional memberships. Only one trial or
promotional membership is available per household and may not be combined with
any other promotion.  Prior to the end of your free trial period or promotional
membership period, Instacart will notify you that your free trial period is
coming to an end and will automatically charge you the applicable Instacart+
subscription fee to the payment method on file with Instacart. If you cancel
your Instacart+ membership before the free trial or promotional membership
period has expired, Instacart will not charge you for the subsequent Instacart+
membership term unless you restart your membership. Instacart may change the
monthly or annual fee charged for membership at any time, but any such fee
change will not apply to current Instacart+ members until such time as their
current memberships expire and their memberships are renewed for another term.
Where the fee has increased, Instacart will notify you prior to the renewal of
your membership of the relevant fee increase.

We may change other terms or conditions applicable to Instacart+ from time to
time. Any new or renewed memberships will be subject to the terms of service
active at that time and displayed when you sign up for Instacart+. Instacart may
also make such changes with respect to current Instacart+ memberships. In that
case, Instacart will provide you with notice of the changes and when those
changes will take effect. If you disagree with the changes to your current
Instacart+  membership terms of service, you may cancel your membership.  From
time to time, Instacart may offer additional benefits or features to Instacart+
subscribers.  These additional benefits or features may not be available to all
subscribers and may be subject to additional terms referenced in the offer terms
or included in the Instacart+ Promotional Terms and Conditions. Instacart
reserves the right to modify or terminate any additional benefits or features at
any time and you agree that such additional perks or benefits are not guaranteed
as part of your membership.  

Your Instacart+ membership cannot be transferred or assigned. Instacart reserves
the right to accept, refuse, or cancel your Instacart+ membership at any time in
its sole discretion. 


4. COUPONS, PROMOTIONS AND CREDITS

You may have access to promotion codes, discounts, coupon codes, and offers
(“Coupons”) that may provide a benefit to you when making a purchase using the
Services. Coupons are available for a limited time only and may be subject to
certain restrictions and subject to related manufacturers’ or the Retailer’s
terms. Coupons are subject to change, cancellation, or expiration at any time,
and to the terms and conditions of the relevant coupon offeror. If you do not
purchase the qualifying items added to your cart while the coupon is still in
effect, the coupon’s offer will not apply. Coupons are only valid when applied
to qualifying items displaying the offer and may not be combined with other
promotional offers or mail-in rebates. Instacart is not a retailer or seller.
You are responsible for, and you are required to pay any applicable tax or levy
of any kind related to your use of the coupon and you acknowledge that Instacart
has no obligation for payment of any such tax or levy of any kind in conjunction
with the distribution or use of such coupons. When coupons are redeemed, sales
tax may be charged on the undiscounted original price of the product(s). If you
return any of the products purchased with a coupon, the coupon discount or value
will be subtracted from the return credit. Coupons may not be sold, copied,
modified, or transferred. Coupons have no cash value and may be limited to one
per user unless otherwise disclosed. Coupons may not be combinable with mail-in
rebates. Coupons are only good while supplies last and are void where restricted
or prohibited by law. 

You can find more information about Coupons and other separate promotions that
may be available from time to time on Instacart’s website, mobile applications,
and the Retailer’s White Label Site here. 

You may also be offered credits to use for purchases through the Services
(“Credits”). Unless otherwise stated in the terms applicable to Credits awarded
to your account, Instacart reserves the right to modify the expiration date of
any Credit upon 30 days email notice to you. Instacart reserves the right to cap
or adjust the amount of Credit in your account to the extent that your total
Instacart credit balance would exceed $1,500 or have more than $2,000 of
Instacart credits associated with your account in a single day. Instacart may
restrict your use of Credits to purchase certain items such as alcohol and
prescriptions, and may disallow the use of Credits to cover fees, taxes or tips.
Certain credits may not apply to an order if you are also applying a Coupon or
another type of credit. Credits have no cash value. For more information about
Credits, please visit Instacart’s Help Center. 


5. INSTACART GIFT CARDS

Instacart offers currency-denominated digital and physical gift cards that are
redeemable for eligible goods and services on Instacart’s website and mobile
applications, and in some cases, on the Retailer’s White Label Site (“Gift
Cards”). When you purchase or redeem a Gift Card, you agree to the Terms &
Conditions for Instacart Gift Cards as well as these Terms of Service.
Generally, Gift Cards and/or Credits cannot be used to pay for the Instacart+
subscription fee, unless you purchase an Instacart+ or Instacart Express Gift
Card, as agreed to by you.  


6. RETAILER MEMBERSHIPS

The Retailer may allow you to purchase memberships through the Services. If you
purchase a Retailer membership through the Services, you understand that you
will be charged separately by the Retailer and that you are purchasing the
membership directly from the Retailer and not Instacart and separate terms and
conditions provided by the Retailer apply, which you should read carefully.
Please note that you will need to contact the Retailer if you have any questions
regarding your membership or the management of your account. 


7. TRANSACTIONS INVOLVING ALCOHOL

In certain geographic areas, if offered by the Retailer, you may have the option
to order alcohol products. Where this option is available to you, you agree that
you will comply with all applicable laws and not cause Instacart or any Third
Party Provider (including the Retailer) to contravene any applicable laws. If
you order alcohol products from the Retailer through the Services, you agree
that you are of legal drinking age for purchasing, possessing, and consuming
alcohol (i.e., 21 years of age or older in the United States, 18 years of age or
older in Alberta, Manitoba, and Quebec, and 19 years of age or older in all
other Canadian provinces). You also agree that, upon delivery of alcohol
products by the Third Party Provider, the recipient will provide to the Third
Party Provider valid government-issued identification proving their age, and
that Third Party Provider may scan this identification and may require a
signature from the recipient.  You also agree that the recipient will not be
intoxicated when receiving delivery of alcohol products, and that you will not
purchase alcohol with the intent to resell or provide it to someone who is not
of legal drinking age. If the recipient is unable to present valid photo
identification upon delivery, your order will be cancelled. You agree that if
any applicable legal requirements for the delivery of alcohol are not met,
Instacart reserves the right to cancel the alcohol-related portion of your
order. Special requests or substitutions for the purchase of alcohol products
will not be honored; all requests for the purchase of alcohol products must be
made through the catalog available through the Services at the time of
submitting the order. 

Users who purchase alcohol through the Services for delivery by Third Party
Providers within the State of Hawaii acknowledge that IT IS ILLEGAL: (1) FOR A
PERSON UNDER 21 YEARS OLD TO PURCHASE OR CONSUME LIQUOR, (2) TO USE FALSE
IDENTIFICATION TO OBTAIN LIQUOR, (3) TO USE ANOTHER PERSON’S IDENTIFICATION TO
OBTAIN LIQUOR, OR (4) TO PURCHASE LIQUOR FOR A PERSON UNDER 21 YEARS OLD.
(Sections 281-78 & 101.5, Hawaii Revised Statutes). 

All alcohol products ordered through the Services for delivery by Third Party
Providers within the provinces of Ontario and Alberta will be delivered by
Maplebear Delivery Canada Inc.


8. DELIVERY OF PRESCRIPTION DRUG PRODUCTS (INSTACART RX)

In certain geographic areas, if offered by the Retailer, you may order
prescription drug products through Instacart Rx. This service is not eligible
for Instacart+ Benefits. You agree that Instacart is not a pharmacy and that we
make no referrals or recommendations as to which pharmacies you should use for
prescription processing. You also agree that you are solely responsible for the
selection of the pharmacy dispensing the prescription. Instacart makes no
warranties regarding the quality of the prescription drug products or the
services provided by the pharmacy. If you have any issues with the processing of
your prescription, you should contact the pharmacy directly. 

You agree that, upon delivery of prescription drug products by a Third Party
Provider, the recipient will provide to the Third Party Provider valid
government-issued identification proving their age, and that the Third Party
Provider may scan this identification. You also agree that the recipient will
indicate their relationship to you (if the recipient is not you), and that any
prescription drug product ordered through the Services has not been purchased
with the intent to resell the prescription drug product or provide the
prescription drug product to someone other than to whom it is prescribed. 

You also agree that Instacart does not provide any medical advice, diagnosis or
treatment, and that neither a pharmacy-patient relationship nor a physician-
patient relationship exists between Instacart and you as a result of your use of
the Services. We encourage you to consult with your healthcare professional or
pharmacist regarding all health-related issues. 

By using the Services to order a prescription drug product for a child or other
member of your household, you represent and warrant that it is your intention
not to consume or use the medication but instead to transfer the medication to
the ultimate consumer or user for their consumption. 

IF YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR CONTACT YOUR LOCAL EMERGENCY
ASSISTANCE SERVICE IMMEDIATELY. 


9. TRANSACTIONS INVOLVING OTHER RESTRICTED PRODUCTS

You may have the option to order other restricted products in some locations.
You agree that you will comply with all applicable laws and not cause Instacart
or any Third Party Provider (including the Retailer) to contravene any
applicable laws. If you order an item that requires delivery certification, you
agree the recipient will provide valid government-issued identification which
may be scanned by the Third Party Provider proving their identity to the Third
Party Provider delivering such products. If you order age-restricted products
from the Retailer through the Services, you agree that you are of legal age for
purchasing, possessing, and/or consuming such age-restricted products and agree
that, upon delivery of age-restricted products by the Third Party Provider, the
recipient will provide to the Third Party Provider valid government-issued
identification proving their age, and that the Third Party Provider may scan
this identification.  You also agree that the age-restricted products have not
been purchased with the intent to resell or provide to someone who is not of
legal age. You agree that if any applicable legal requirements for the delivery
of age-restricted products are not met, Instacart reserves the right to cancel
the age-restricted portion of your order. Special requests or substitutions for
the purchase of age-restricted products will not be honored; all requests for
the purchase of age-restricted products must be made through the catalog
available through the Services at the time of submitting the order.


10. SNAP/EBT

If available from the Retailer, Instacart allows customers in the U.S. to pay
for online orders of Supplemental Nutrition Assistance Program (SNAP) eligible
items with a valid EBT card. 

By providing your EBT information, you represent and warrant that you are
authorized to legally use the designated payment information and that you
authorize us to use that EBT information for the Services. If the payment
information cannot be verified, is invalid or is otherwise not acceptable, the
Services may be suspended or cancelled. 

SNAP Eligible Items 

You may purchase SNAP eligible items with your EBT card. SNAP eligible items are
determined by the U.S. Department of Agriculture. You can learn more about
shopping for EBT eligible items here. 

Payment 

By associating your SNAP EBT card to your Instacart account, you confirm that
your card information is current and valid. In addition, a credit or debit card
must also be linked to your Instacart account to cover fees, taxes, delivery
tips, and any other non-EBT eligible items you may want to purchase.  Currently
Instacart cannot accept EBT cash. To pay for eligible food items on Instacart
you can use SNAP EBT funds. 

How To Use SNAP/EBT On Instacart 

If you have questions about using your SNAP EBT card on Instacart please see: 

https://www.instacart.com/help/article/ebt-snap-overview


11. THIRD-PARTY PRODUCTS AND CONTENT

You agree that Instacart does not assume responsibility for any products,
content, services, websites, advertisements, offers, or information that is
provided by third parties and made available through the Services, nor does
Instacart assume responsibility for your interactions with any Third Party
Provider (including a Retailer). You further agree that Instacart does not
warrant or guarantee that any product information contained on the Services, or
any result returned from queries made through the Services, whether made using
AI powered generative experiences or otherwise, is accurate, complete, reliable,
current, or error-free. All health and wellness information, nutritional
content, and nutritional information is provided for informational purposes only
and is not a substitute for the diagnosis, treatment and advice of a qualified
health-care provider. Instacart does not warrant or guarantee that any such
health, wellness, or nutritional information is accurate, complete, reliable,
current, or error-free. You understand that search results obtained from the
Services, whether done through AI powered generative experiences or otherwise,
may be the same or similar or vary between different users and at different
times, and may not necessarily be identical or consistent.  You further agree
that Instacart does not warrant or guarantee that any material created through
any AI powered generative experience does not infringe the rights of any third
party in any subsequent use of the content you may make. If you purchase, use,
or access any such products, content, services, advertisements, offers, or
information through the Services or you engage with any Third Party Provider,
you agree that you do so at your own risk and that Instacart will have no
liability based on such purchase, use, access, or engagement. 


12. GIFTS AND ORDERS ON BEHALF OF THIRD PARTIES

You may have the option to send orders to third party recipients (“Recipients”).
With respect to such orders, you agree to the following:

12.1 Communications by Instacart and the Retailer: You have the option to
provide Instacart and/or the Retailer with the Recipient’s contact information.
By providing the Recipient’s contact information, you are representing that you
have obtained the consent of the Recipient to share the Recipient’s contact
information with Instacart and the Retailer for the purpose of receiving
communications from Instacart, including via email, or via text message, calls,
and push notifications to the cellular telephone number you provide to
Instacart. You understand and agree that the Recipient may receive
communications generated by automatic telephone dialing systems and/or which
will deliver pre-recorded messages sent by or on behalf of Instacart and/or the
Retailer. Message and data rates may apply. Instacart is not liable for delayed
or undelivered mobile messages.

12.2 Sharing Recipient Data: If you chose to provide Recipient information to
Instacart, including:

 1. Contact information, including a Recipient’s name, address and telephone
    number;
 2. Information that identifies a Recipient’s relationship or association with
    you;
 3. Information about a Recipient’s food security, food assistance, and other
    benefits or programs in which the Recipient participates; and
 4. Information regarding the Recipient’s preferences, statuses, or other
    personal information;

you are representing that you have obtained the consent of the Recipient to
share this information with Instacart and the Retailer. You agree to be
responsible for collecting Recipient data and obtaining authorizations to the
extent legally required from Recipients for Instacart and the Retailer to use
Recipient data to complete the order, including, where applicable,
authorizations sufficient for you to share Recipient data with Instacart and the
Retailer without either Instacart or the Retailer becoming a Business Associate
of you, as such term is defined under HIPAA. Instacart and the Retailer have no
responsibility or liability for the failure of you, or any third party, to
obtain appropriate consent and/or authorization from a Recipient. Instacart and
the Retailer will use Recipient data in the ordinary course of their business.


13. IN-STORE FEATURES

You may have access to certain features on the Services that are intended to be
used while shopping in Retailers’ physical store locations, including In-Store
Mode and Scan & Pay (“In-Store Features”). In-Store Mode allows customers to
browse items via the Services that are available for purchase in Retailers’
physical store locations. Scan & Pay allows customers to scan and pay for items
via the Services accessed on your mobile device while shopping in Retailers’
physical store locations.

You acknowledge that, in addition to these Terms, your use of In-Store Features
in a Retailer’s store may be subject to that Retailer’s policies and terms and
conditions of service (“Retailer Terms”). Retailer Terms govern issues such as
hours of operation, in-store conduct, refunds, returns, and Retailer loyalty
programs when using In-Store Features.In-Store Mode allows customers to browse
items via the Services that are available for purchase in Retailers’ physical
store locations. Scan & Pay allows customers to scan and pay for items via the
Services accessed on your mobile device while shopping in Retailers’ physical
store locations.

Retailers provide the prices for In-Store Features. You acknowledge that
Retailers may update pricing in real time, which may not immediately be
reflected on In-Store Features and/or result in changes to prices on In-Store
Features during your shopping experience. You must alert a Retailer employee if
there is any discrepancy between an in-store price and a price displayed on
In-Store Features. While we work with Retailers to surface in-store offers, such
offers including clearance, single-store and in-store only specials, prices,
promotions, offers, coupons and discounts may not be available on In-Store
Featuresapply. Certain items available in-store may not be available on In-Store
Features.

While using Scan & Pay, you acknowledge and warrant that (ii) you will ensure
that any products are correctly scanned by you; (ii) for products that are sold
by weight, you will ensure that the products are weighed correctly by you; (iii)
you will pay for all products prior to leaving the store; and (iv) you will
comply with all laws applicable to your use of the Scan & Pay feature.

If you have any issues with scanning or completing your purchase, you must alert
a Retailer employee in the store. If Instacart is unable to successfully process
your payment for your Scan & Pay order, you must complete your transaction at a
register. 

By using Scan & Pay, you agree to exit the store through the designated Scan &
Pay checkout area by scanning your smartphone below the checkout device or such
other location as designated by the Retailer, and following the prompts to
either proceed to bag check in or exit the store via the designated Scan & Pay
exit. You acknowledge that Retailer personnel may conduct checks (including
checking of your bags, comparing the items in your bag to your virtual cart, and
rescanning some or all items in your bag), or taking other steps to verify
proper use of Scan & Pay. You agree that if there is a difference between your
scan and any re-scan carried out by Retailer personnel, the re-scan will be
decisive. If you scan items incorrectly on multiple occasions, in addition to
any of our other rights including under these Terms, we may suspend, disable or
terminate your ability to use Scan & Pay and/or the Services. 

Any returns or refunds for products purchased in-store are subject to the
Retailer’s refund and return policies, which vary by Retailer. 

Instacart does not own the media or device on which the Services are downloaded,
recorded or stored, but Instacart and its licensors retain ownership of the
Services and any images scanned by the application. Images of scanned items may
be retained by Instacart to improve our Services.


14. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." INSTACART DISCLAIMS ALL
REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR
STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON
INFRINGEMENT. IN ADDITION, INSTACART MAKES NO REPRESENTATION, WARRANTY,
CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD
PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM THE
RETAILER, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. INSTACART
DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY
PROVIDERS, OR THE RETAILER. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR
USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY
PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU. THE
SERVICES, WEBSITE, AND SOFTWARE ARE SUBJECT TO PERIODIC CHANGES, WHICH MAY BE
MADE AT ANY TIME AND WITHOUT NOTICE TO YOU. 

INSTACART DOES NOT GUARANTEE THAT THE SERVICES, WEBSITE, AND SOFTWARE WILL
OPERATE WITHOUT ERRORS OR THAT THE SERVICES, WEBSITE, AND SOFTWARE ARE FREE OF
COMPUTER VIRUSES OR OTHER MALWARE. YOU AGREE THAT INSTACART WILL NOT BE
RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE SERVICES,
WEBSITE, OR SOFTWARE. 

YOU AGREE THAT NEITHER INSTACART NOR ITS SUBSIDIARIES, AFFILIATES, THE RETAILER,
LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY THIRD
PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY THIRD PARTY PROVIDER. NEITHER
INSTACART NOR ITS SUBSIDIARIES, AFFILIATES, THE RETAILER, LICENSORS, OR
SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION
WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDER. 

If you have a dispute with one or more Third Party Providers, you agree to
release Instacart (including Instacart’s subsidiaries and affiliates, and each
of their respective officers, directors, employees, agents, shareholders, retail
partners, licensors, and suppliers) from any claims, demands and damages of
every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected to such disputes. 

Furthermore, you expressly waive any rights you may have under California Civil
Code Section 1542 (or analogous laws of other jurisdictions), which states: “A
general release does not extend to claims that the creditor or releasing party
does not know or suspect to exist in his or her favor at the time of executing
the release, and that, if known by him or her must, would have materially
affected his or her settlement with the debtor or released party.” 

U.S. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW
THE EXCLUSION AND LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE
DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT
PROHIBITED BY APPLICABLE LAW. 


15. LIMITATION OF LIABILITY

IN NO EVENT SHALL INSTACART (INCLUDING ITS SUBSIDIARIES AND AFFILIATES, AND EACH
OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL
PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS,
FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY
THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF
SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE
TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF INSTACART OR INSTACART’S
AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. 

IN NO EVENT SHALL INSTACART (INCLUDING ITS SUBSIDIARIES AND AFFILIATES, AND EACH
OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL
PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND
DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY
THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU,
EVEN IF INSTACART OR INSTACART’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

INSTACART, ITS SUBSIDIARIES, AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS
AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS
RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY
PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100
OR THE AMOUNTS PAID BY YOU TO INSTACART DURING THE PAST 12 MONTHS IN CONNECTION
WITH THE SERVICES. 

U.S. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW
THE EXCLUSION AND LIMITATION OF CERTAIN LIABILITIES, SO THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE EXCLUSIONS
AND LIMITATIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY
APPLICABLE LAW. 


16. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify and hold
harmless Instacart and its officers, directors, employees, agents, shareholders,
subsidiaries, affiliates, and the Retailer (each, an "Indemnified Party") from
and against any losses, claims, actions, costs, damages, penalties, fines and
expenses, including without limitation attorneys’ and experts’ fees and
expenses, that may be incurred by an Indemnified Party arising out of, relating
to or resulting from: (i) your unauthorized use of the Services or from any
breach by you of these Terms, including without limitation any actual or alleged
violation of any law, rule, regulation, or the Instacart Community Guidelines
for Customers; (ii) any third party’s access to or use of the Services, or any
goods made available through the Services, through your Instacart user account,
including but not limited to your spouse, dependents, third-party beneficiaries
and Recipients; (iii) any dispute or issue between you and any third party,
including without limitation any Retailer or other Third Party Provider; or (iv)
your subsequent use of any content created by AI powered generative
experiences. 


17. DISPUTE RESOLUTION & ARBITRATION AGREEMENT

17.1. Overview of Dispute Resolution Process: This Section 17 provides for a
two-part process for dispute resolution: (1) an informal dispute resolution
process directly with Instacart (described in paragraph 17.2, below), and if
necessary, (2) a binding arbitration administered by the American Arbitration
Association (“AAA”) or ADR Services Inc. (“ADR Services”), depending on where
you reside. Notwithstanding these provisions, you and Instacart each retain the
right to seek resolution of disputes in small claims court as an alternative to
arbitration.

17.2. Mandatory Informal Dispute Resolution: You and Instacart agree that
good-faith informal efforts to resolve disputes often can result in a prompt,
low-cost and mutually beneficial outcome. Therefore, before initiating formal
proceedings, you and Instacart agree to first attempt to work out any such
dispute amicably. The initiating party must give notice to the other party in
writing of its, his, or her dispute, including a written description of the
dispute. 

For any dispute you initiate, you agree to provide written notice to:

Instacart
ATTN: Legal Department
50 Beale Street, Suite 600
San Francisco, CA 94105

Your written description must be on an individual basis and personally signed by
you and not by an attorney, agent, or representative. The notice must also
provide at least the following information: your name; the email address
associated with your account; a detailed description of the nature and basis of
the dispute, including any transaction details; and the specific relief sought
and how it was calculated. For any dispute that Instacart raises, we will send
our written description of the dispute (including the information listed above),
signed by an authorized Instacart representative, to the most recent delivery
address associated with your account. The initiating party must allow the other
party 60 days to respond and attempt to resolve the dispute amicably before
initiating an arbitration or other proceeding per the terms set forth below.

You and Instacart agree that this informal dispute resolution process is a
requirement that must be fulfilled prior to initiating an arbitration or small
claims proceeding. The applicable statute of limitations period and any filing
fee deadlines shall be tolled from the time the initiating party sends their
written notice through the 60 day period set forth above.

17.3.  Arbitration Agreement for United States Residents:  For residents of the
United States, if we’re unable to work out a solution amicably, both you and
Instacart agree to resolve through binding arbitration, rather than in court,
any dispute, controversy, or claim (each, a “Claim”) arising at any time,
including but not limited to those arising out of or relating to: (i) these
Terms, including the formation, existence, breach, termination, enforcement,
interpretation, validity, scope, or enforceability thereof; (ii) access to or
use of the Services, including receipt of any advertising or marketing
communications and/or any information contained on the Services; (iii) any
transactions through, by, or using the Services, including any goods or services
purchased or sold through, by, or using the Services and any consumption or use
of those goods and services; (iv) any other aspect of your relationship or
transactions with Instacart as a consumer; or (v) Third Party Disputes (as
defined in Section 17.4 below) (the “Arbitration Agreement”).  

This Arbitration Agreement shall apply, without limitation, to all claims that
arose or were asserted before the Effective Date of these Terms. 

17.4. Application to Third Parties: This Arbitration Agreement shall be binding
upon, and shall include any dispute, controversy, or claim brought by or against
any third parties where the underlying claims arise out of or relate to your use
of the Services or any use of your Instacart user account (“Third Party
Disputes”). Third Party Disputes shall include any dispute, controversy, or
claim by or against any Retailers, Third-Party Providers, Instacart’s vendors
and service providers including without limitation: payment processors, partners
assisting in fraud prevention, companies advertising through the Services,
partners with whom we work for advertising measurement, attribution and/or
analytics, and companies that offer co-branded services or products, as well as
your spouses, heirs, third-party beneficiaries and assigns. For avoidance of
doubt, a Claim under this Arbitration Agreement includes all claims or disputes
between you and any Retailer arising out of or related to the Services performed
under this Agreement and/or services in connection with any white label sites
that are powered by Instacart. 

17.5. Exceptions to Arbitration Agreement: Notwithstanding this mandatory
Arbitration Agreement, you and Instacart each retain the right: (a) to assert
claims in small claims court, so long as the claims qualify and the matter
remains in such court and advances only on an individual (non-class,
non-representative) basis; and, (b) to seek injunctive or other equitable relief
in a court of competent jurisdiction to prevent the actual or threatened
infringement of a party’s intellectual property rights. If a Claim qualifies for
small claims court but a party commences an arbitration proceeding, you and
Instacart agree that either party may elect instead to have the Claim resolved
in small claims court, and upon written notice of a party's election, the
arbitration proceeding will be administratively closed.  Any dispute about
whether a Claim qualifies for small claims court shall be resolved by that
court, not by an arbitrator.

17.6. Jury Trial Waiver: TRIAL BY JURY WAIVER: BY ENTERING INTO THESE TERMS, YOU
ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF
THIS ARBITRATION AGREEMENT, YOU AND INSTACART ARE EACH WAIVING THE RIGHT TO A
TRIAL BY JURY. 

17.7. Class, Collective, and Representative Action Waiver: BY ENTERING INTO
THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN
THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND INSTACART ARE EACH WAIVING THE
RIGHT TO BRING, JOIN, OR PARTICIPATE IN, EITHER AS A PLAINTIFF OR CLASS MEMBER,
IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU
ALSO ACKNOWLEDGE AND AGREE THAT, UNLESS YOU AND INSTACART OTHERWISE AGREE IN
WRITING, ANY ARBITRATION OF ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION
AGREEMENT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS,
COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU FURTHER ACKNOWLEDGE
THAT THE ARBITRATOR MAY AWARD RELIEF ONLY IN YOUR FAVOR AND ONLY TO THE EXTENT
NECESSARY TO PROVIDE RELIEF NECESSITATED BY YOUR INDIVIDUAL CLAIM(S), AND ANY
RELIEF AWARDED CANNOT AFFECT OTHER INSTACART USERS. THE ARBITRATOR MAY NOT
CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS, COLLECTIVE, OR
REPRESENTATIVE ARBITRATION. 

17.8. Arbitration Rules and Governing Law: The Federal Arbitration Act, 9 U.S.C.
§ 1 et seq. (the “FAA”), governs the interpretation and enforcement of this
Arbitration Agreement and preempts all state laws to the fullest extent
permitted by law. If the FAA is found to not apply to any issue that arises from
or relates to this Arbitration Agreement, then that issue shall be resolved
under and governed by the law of your state of residence. 

Except as described below for California residents, the arbitration shall be
administered by the American Arbitration Association (“AAA”) under its Consumer
Arbitration Rules (the “Rules”) in effect at the time the arbitration demand is
made. The Rules are available at www.adr.org. In the event of any conflict
between the Rules and this Arbitration Agreement, this Arbitration Agreement
shall apply. 

The Parties agree to submit to the jurisdiction of a single neutral arbitrator
(the “Arbitrator”) selected in accordance with the Rules. The Arbitrator will
decide the rights and liabilities, if any, of you and Instacart. The Arbitrator
will have the authority to award the same damages and relief on an individual
basis that a judge in a court of law can award to an individual. The Arbitrator
shall follow the applicable law. The Arbitrator’s decision is final and binding
on you and Instacart. 

Except as otherwise expressly provided herein, you and Instacart agree that the
Arbitrator, and not any federal, state, or local court or agency, shall have
exclusive authority to resolve any disputes relating to the interpretation,
applicability, enforceability or formation of this Arbitration Agreement,
including any claim that all or any part of this Arbitration Agreement is void
or voidable. The Arbitrator shall also be responsible for determining all
threshold arbitrability issues, including issues relating to whether the Terms
are unconscionable or illusory and any defense to arbitration, including waiver,
delay, laches, unconscionability, or estoppel. 

The arbitration will be held in the United States county where you live or use
the Services, or a location you and Instacart mutually agree upon in writing. If
your claim does not exceed $10,000, then the arbitration will be conducted
solely on the basis of documents you and Instacart submit to the arbitrator,
unless the arbitrator determines that a hearing is necessary. If your claim
exceeds $10,000, your right to a hearing will be determined by the Rules. 

The Rules will govern the payment of all filing, administrative or arbitrator
fees associated with arbitration (“Arbitration Fees”) and each party will be
responsible for their own Arbitration Fees under those Rules or to the maximum
extent permitted by law. Notwithstanding the foregoing, either party may make a
request for and will be entitled to an award of reasonable attorneys’ fees and
costs–including but not limited to any Arbitration Fees–if the Arbitrator finds
that the other party has asserted a claim, cross-claim or defense that is
groundless in fact or law, brought in bad faith or for the purpose of
harassment, or is otherwise frivolous, within the meaning of Federal Rule of
Civil Procedure 11 or a state or local equivalent.

For California residents, the arbitration shall be administered by ADR Services,
Inc. (“ADR Services”) under its Arbitration Rules (the “ADR Services Rules”) in
effect at the time the arbitration demand is made. The ADR Services Rules are
available at: https://www.adrservices.com/services/arbitration-rules/. In the
event of any conflict between the ADR Services Rules and this Arbitration
Agreement, this Arbitration Agreement shall apply. 

For California residents, the Parties agree to submit to the jurisdiction of a
single neutral arbitrator selected in accordance with the ADR Services Rules
(the “ADR Arbitrator”). The ADR Arbitrator will decide the rights and
liabilities, if any, of you and Instacart. The ADR Arbitrator will have the
authority to award the same damages and relief on an individual basis that a
judge in a court of law can award to an individual. The ADR Arbitrator shall
follow the applicable law. The ADR Arbitrator’s decision is final and binding on
you and Instacart. 

For California residents, except as otherwise expressly provided herein, you and
Instacart agree that the ADR Arbitrator, and not any federal, state, or local
court or agency, shall have exclusive authority to resolve any disputes relating
to the interpretation, applicability, enforceability or formation of this
Arbitration Agreement, including any claim that all or any part of this
Arbitration Agreement is void or voidable. The ADR Arbitrator shall also be
responsible for determining all threshold arbitrability issues, including issues
relating to whether the Terms are unconscionable or illusory and any defense to
arbitration, including waiver, delay, laches, unconscionability, or estoppel. 

For California residents, the arbitration will be held in the California county
where you live or use the Services, San Francisco, California, or any other
location you and Instacart mutually agree upon in writing.

For California residents, the ADR Services Rules will govern the payment of all
filing, administrative or arbitrator fees associated with arbitration (“ADR
Services Arbitration Fees”), currently summarized on ADR Services website at
https://www.adrservices.com/rate-fee-schedule/, except that Instacart will
reimburse you at the conclusion of the arbitration for any ADR Services
Arbitration Fees that you pay in excess of the cost to file the dispute in a
court of competent jurisdiction in the location of the arbitration.  Any dispute
about the amount or payment of this reimbursement shall be resolved by the
Arbitrator.  If the Arbitrator finds that you cannot afford to pay ADR Services
Arbitration Fees and you cannot obtain a fee waiver from ADR Services, Instacart
will pay such fees for you. Notwithstanding the foregoing, either party may make
a request for and will be entitled to an award of reasonable attorneys’ fees and
costs–including but not limited to any ADR Services Arbitration Fees–if the
Arbitrator finds that the other party has asserted a claim, cross-claim or
defense that is groundless in fact or law, brought in bad faith or for the
purpose of harassment, or is otherwise frivolous, within the meaning of Federal
Rule of Civil Procedure 11 or a state or local equivalent.

17.9. Opt-out of Mandatory Arbitration: You can reject and opt-out of this
Arbitration Agreement within 30 days of first accepting these Terms by emailing
Instacart at arbitration-opt-out@instacart.com with your first and last name and
the email address associated with your account and stating your intent to
opt-out of the Arbitration Agreement. Note that opting out of this Arbitration
Agreement does not affect any other part of these Terms, including the
provisions regarding controlling law or in which courts any disputes must be
brought. 

17.10. Changes to Agreement to Arbitrate: If Instacart changes this Section 17
after the date you last accepted these Terms (or accepted any subsequent changes
to these Terms), you may reject that change by sending us written notice via
email as set forth above, within 30 days of the date the change is effective.
Rejecting a new change, however, does not revoke or alter your prior consent or
any earlier agreements to arbitrate any dispute between you and Instacart and/or
its Retailers or other Third Parties identified in Section 17.4. 

17.11 Severance of Arbitration Agreement: If this Arbitration Agreement is found
to be void, unenforceable, or unlawful, in whole or in part, the void,
unenforceable, or unlawful provision, in whole or in part, shall be severed.
Severance of the void, unenforceable, or unlawful provision, in whole or in
part, shall have no impact on the remaining provisions of the Arbitration
Agreement, which shall remain in force, or the parties’ ability to compel
arbitration of any remaining claims on an individual basis pursuant to the
Arbitration Agreement. Notwithstanding the foregoing, if the Class, Collective,
Representative Action Waiver above is found to be void, unenforceable, or
unlawful, in whole or in part, because it would prevent you from seeking public
injunctive relief, then any dispute regarding the entitlement to such relief
(and only that relief) must be severed from arbitration and may be litigated in
a civil court of competent jurisdiction. All other claims for relief subject to
arbitration under this Arbitration Agreement shall be arbitrated under its
terms, and the parties agree that litigation of any dispute regarding the
entitlement to public injunctive relief shall be stayed pending the outcome of
any individual claims in arbitration. 

17.12. Survival of Arbitration Agreement: Except as otherwise provided in this
Section 17, this Arbitration Agreement will survive any termination of the Terms
or of your access to the Services, including under Section 18 or otherwise.
 This Arbitration Agreement will continue to apply even if you or we close your
Instacart account.


18. TERMINATION

You can stop using the Services at any time and without notice to us. Similarly,
Instacart may terminate access to the Services to you or any other users or stop
offering all or part of the Services at any time without notice. In the event of
Termination, Section 1 and Sections 4-22 survive and continue to apply to you. 


19. CONTROLLING LAW

To the extent permitted by applicable law, these Terms will be governed by the
laws of the State of Delaware for residents of the United States and by the laws
of the Province of Ontario for residents of Canada (except Quebec), without
respect to its conflicts of laws principles, except the Arbitration Agreement,
which is governed by the laws outlined in Section 17 of these Terms. To the
extent permitted by applicable law, any claims arising out of or relating to
these Terms or use of the Services that are not subject to Section 17 (Dispute
Resolution & Arbitration Agreement) of these Terms shall be brought exclusively
in the federal or state courts of New Castle County, Delaware, USA, for the
residents of the United States, and the courts of competent jurisdiction in the
City of Toronto for residents of Canada (except Quebec), and you and Instacart
consent to the personal jurisdiction of those courts. 

For Quebec residents only, to the extent permitted by law, these Terms will be
governed by the laws of the Province of Quebec without respect to its conflicts
of laws principles. To the extent permitted by applicable law, any claims
arising out of or relating to these Terms or use of the Services that are not
subject to Section 17 (Dispute Resolution & Arbitration Agreement) of these
Terms shall be brought exclusively in the courts of competent jurisdiction in
the City of Montreal, and you and Instacart consent to the personal jurisdiction
of those courts. 


20. ENTIRE AGREEMENT & SEVERABILITY

These Terms, subject to any amendments, modifications, or additional agreements
you enter into with Instacart, shall constitute the entire agreement between you
and Instacart with respect to the Services and any use of the Services. If any
provision of these Terms is found to be invalid by a court competent
jurisdiction, that provision only will be limited to the minimum extent
necessary and the remaining provisions will remain in full force and effect. 


21. NO WAIVER

Instacart’s failure to monitor or enforce a provision of these Terms does not
constitute a waiver of its right to do so in the future with respect to that
provision, any other provision, or these Terms as a whole. 


22. ASSIGNMENT

You may not assign any of your rights, licenses, or obligations under these
Terms. Any such attempt at assignment by you shall be void. Instacart may assign
its rights, licenses, and obligations under these Terms without limitation. 


23. CHANGES TO THE TERMS

We may make changes to these Terms from time to time. When Instacart does so,
Instacart will post the most current version of the Terms on Instacart’s website
and, if a revision to the Terms is material, Instacart will notify you of the
new Terms (for example, by email or a notification on the Services). Changes to
these terms will not apply retroactively. If you do not agree to the modified
terms, you should discontinue your use of the Services. 


24. INTELLECTUAL PROPERTY POLICY

Use of the Services does not give you the right or license to frame, use, or
reproduce any of Instacart’s copyrighted material, trademarks, service marks, or
other proprietary rights or material, or a license to any of Instacart’s
patents, except as expressly permitted in writing by Instacart.

Instacart respects the intellectual property rights of others and has
implemented a copyright and trademark policy in accordance with the Digital
Millennium Copyright Act and other relevant laws. Instacart will respond to
valid notices of copyright or trademark infringement and reserves the right to
terminate any users, at Instacart’s sole discretion and without notice, who
infringe copyrights or other intellectual property rights. 

If you believe any content posted or made available on the Services constitutes
infringement of your copyright rights, you may send a written notice of
infringement to Instacart’s designated Copyright Agent using the contact
information listed below. In your notice, please specify the nature of the
copyright infringement and include the following information: (a) an electronic
or physical signature of the owner of the copyright in question or a person
authorized to act on behalf of the owner of the copyright; (b) a description of
the claimed infringing material as well as identification of the claimed
infringing material, including the location of such material on the Services
(e.g., the URL of the claimed infringing material if applicable or other means
by which Instacart may locate the material); (c) complete contact information,
including the name of the owner of the copyright and your name, title, address,
telephone number, and email address; (d) a statement that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; and (e) a statement, made under penalty of perjury, that the
information provided in your notice is accurate and that you are the copyright
owner or authorized to act on behalf of the owner. 

Instacart 
ATTN: Copyright Agent 
50 Beale St. Suite 600 
San Francisco, CA 94105 

copyright@instacart.com 

If you believe any content posted or made available on the Services constitutes
infringement of your trademark rights, you may also send your notice to
Instacart's designated Copyright Agent using the contact information listed
above. Please include as much detail as possible so that we may respond to your
notice in a timely manner, including but not limited to description(s) of your
trademark(s), your trademark registration number(s), description(s) of the
products allegedly using your trademark(s) without authorization, and the
location of such allegedly infringing product(s). 


25. CONTACT INFORMATION

If you have any questions, or comments about these Terms please contact
Instacart at: 

Instacart 
50 Beale St. Suite 600 
San Francisco, California 94105
legal@instacart.com

1-888-246-7822

For customer service inquiries, please review Your Account Settings, visit
Instacart’s Help Center, or call our Community Operations team at 1 (888)
246-7822. 

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you
may report complaints to the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs by contacting
them in writing at 1625 N. Market Blvd., Ste. N 112, Sacramento, California
95834 or by telephone at (800) 952-5210 or (916) 445-1254.