Agreement and eligibility
Version 1.0. The website located at www.instablick.com (the “Site”) is a copyrighted work belonging to InstaBlick, LLC (“Company,” “us,” “our,” and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules posted in connection with those features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you accept these Terms on behalf of yourself or the entity that you represent, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms on that basis.
You may not access or use the Site or accept these Terms if you are not at least 18 years old. If you do not agree with all provisions of these Terms, do not access or use the Site.
Our handling of personal information in connection with the Site is described in our Privacy Policy.
Please be aware that the Dispute Resolution provisions below govern how disputes between you and Company are resolved. They include an agreement to arbitrate that, with limited exceptions, requires disputes to be resolved by binding and final arbitration. They also contain class-action and jury-trial waivers.
Unless you opt out of the Arbitration Agreement within 30 days: (1) you may pursue disputes or claims and seek relief against us only on an individual basis, not as a plaintiff or class member in a class or representative action or proceeding; and (2) you waive your right to pursue covered disputes or claims in a court of law and to have a jury trial.
1. Access to the Site
1.1 License
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site for lawful internal, informational, and business-evaluation purposes. This license does not permit commercial exploitation of the Site or its content.
1.2 Certain restrictions
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated in these Terms, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
Unless otherwise indicated, any future release, update, or other addition to functionality of the Site is subject to these Terms. All copyright and other proprietary notices on the Site or its content must be retained on all permitted copies.
1.3 Modification
Company reserves the right, at any time, to modify, suspend, or discontinue the Site, in whole or in part, with or without notice to you. You agree that Company will not be liable to you or any third party for any modification, suspension, or discontinuation of the Site or any part of it.
1.4 No support or maintenance
You acknowledge and agree that Company has no obligation to provide support or maintenance in connection with this public marketing Site. Any support obligations for a separate product or paid service are governed by the applicable product terms, order form, or other written agreement.
1.5 Ownership
You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms nor your access to the Site transfers to you or any third party any right, title, or interest in or to those intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. Company and its suppliers reserve all rights not granted in these Terms. No implied licenses are granted.
1.6 Feedback
If you provide Company with feedback or suggestions regarding the Site (“Feedback”), you assign to Company all rights in that Feedback and agree that Company may use and fully exploit the Feedback and related information in any manner it deems appropriate. Company will treat Feedback as non-confidential and non-proprietary. Do not submit information or ideas that you consider confidential or proprietary as Feedback.
2. Acceptable use
You agree not to use the Site or communications facilitated by the Site for unlawful, harassing, abusive, tortious, threatening, harmful, invasive, vulgar, defamatory, false, intentionally misleading, obscene, discriminatory, or otherwise objectionable purposes, or in a manner that violates another person’s intellectual property, privacy, publicity, or other rights.
- Upload, transmit, or distribute computer viruses, worms, or software intended to damage or alter a computer system or data.
- Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other duplicative or unsolicited messages through the Site.
- Harvest, collect, gather, or assemble information about other users or visitors, including email addresses, without consent.
- Interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the rules or procedures of those networks.
- Attempt to gain unauthorized access to the Site or to computer systems or networks connected to or used with the Site.
- Harass or interfere with another person’s use of the Site.
- Use software, automated agents, or scripts to generate automated searches, requests, or queries, or to strip, scrape, or mine data from the Site.
We conditionally grant operators of public search engines revocable permission to use spiders to copy Site materials solely to the extent necessary to create publicly available searchable indices, but not caches or archives, and subject to our robots.txt file.
We reserve the right, but have no obligation, to investigate and take appropriate action if you violate this Section or any other provision of these Terms or otherwise create liability for us or another person. Such action may include restricting access to the Site and reporting conduct to law-enforcement authorities.
3. Indemnification
You agree to indemnify and hold Company, and its officers, employees, and agents, harmless, including costs and attorneys’ fees, from any claim or demand made by a third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of those claims.
You agree not to settle any such matter without Company’s prior written consent. Company will use reasonable efforts to notify you of any claim, action, or proceeding upon becoming aware of it.
4. Third-party links
4.1 Third-party links and services
The Site may contain links to third-party websites and services (“Third-Party Links”). Third-Party Links are not under Company’s control, and Company is not responsible for them. Company provides access to Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make representations about them.
You use Third-Party Links at your own risk and should apply suitable caution and discretion. When you follow a Third-Party Link, the applicable third party’s terms and policies apply, including its privacy and data-gathering practices. You should make whatever investigation you consider necessary before proceeding with a transaction connected with a Third-Party Link.
4.2 Release
You release and forever discharge Company and our officers, employees, agents, successors, and assigns from, and waive and relinquish, each past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, including personal injuries, death, and property damage, that has arisen or arises directly or indirectly out of or relates directly or indirectly to the Site, including a Third-Party Link.
If you are a California resident, you waive California Civil Code Section 1542 in connection with the foregoing, 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, would have materially affected his or her settlement with the debtor or released party.”
5. Disclaimers
The Site is provided on an “as-is” and “as available” basis. Company and our suppliers expressly disclaim all warranties and conditions of any kind, whether express, implied, or statutory, including warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement.
We and our suppliers make no warranty that the Site will meet your requirements; be available on an uninterrupted, timely, secure, or error-free basis; or be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires warranties with respect to the Site, all such warranties are limited in duration to 90 days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above exclusions or limitations may not apply to you.
6. Limitation on liability
To the maximum extent permitted by law, in no event shall Company or our suppliers be liable to you or any third party for lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Site, even if Company has been advised of the possibility of those damages.
Access to and use of the Site is at your own discretion and risk. You are solely responsible for damage to your device or computer system, or loss of data, resulting from that access or use.
To the maximum extent permitted by law, notwithstanding anything to the contrary in these Terms, our liability to you for damages arising from or related to these Terms, for any cause and regardless of the form of action, will at all times be limited to a maximum of fifty U.S. dollars. More than one claim will not enlarge this limit. You agree that our suppliers have no liability arising from or relating to these Terms.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. Term and termination
These Terms remain in full force and effect while you use the Site. We may suspend or terminate your right to use the Site at any time for any reason at our sole discretion, including use of the Site in violation of these Terms. Upon termination, your right to access and use the Site terminates immediately.
Company has no liability to you for termination of your rights under these Terms. Sections 1.2 through 1.6 and Sections 2 through 8 survive termination.
8. General
8.1 Changes
These Terms are subject to occasional revision. If we make substantial changes, we may notify you by sending an email to the last email address you provided to us, if any, and/or by prominently posting notice of the changes on the Site. You are responsible for providing us with your current email address.
If an email address you provided is not valid or cannot receive the notice, our dispatch of the email will nonetheless constitute effective notice. Continued use of the Site following notice of changes indicates your acknowledgment of the changes and agreement to be bound by the revised Terms.
8.2 Dispute resolution
Please read this Arbitration Agreement carefully. It requires you to arbitrate disputes with Company, its parent companies, subsidiaries, affiliates, successors, and assigns and all of their respective officers, directors, employees, agents, and representatives (collectively, the “Company Parties”), and it limits the manner in which you can seek relief from the Company Parties.
8.2(a) Applicability of Arbitration Agreement
You agree that any dispute between you and any Company Party relating in any way to the Site, services offered on the Site (“Services”), or these Terms will be resolved by binding arbitration rather than in court, except that: (1) you and the Company Parties may assert individualized claims in small claims court if the claims qualify, remain in that court, and advance solely on an individual, non-class basis; and (2) you or the Company Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights, such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents.
This Arbitration Agreement survives expiration or termination of these Terms and applies, without limitation, to claims that arose or were asserted before you agreed to these Terms or any prior version of them, as well as claims that may arise after termination. It does not prevent you from bringing issues to the attention of federal, state, or local agencies. Such agencies may seek relief against the Company Parties on your behalf where the law allows.
For purposes of this Arbitration Agreement, “Dispute” includes disputes that arose or involve facts occurring before the existence of this or any prior version of the agreement, as well as claims that may arise after termination of these Terms.
8.2(b) Informal dispute resolution
There may be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you toward a reasonable resolution. You and Company agree that good-faith informal efforts can produce a prompt, low-cost, and mutually beneficial outcome.
Before either party begins arbitration against the other, or starts a small-claims action if that party so elects, you and Company will personally meet and confer by telephone or videoconference in a good-faith effort to resolve informally any Dispute covered by this Arbitration Agreement (an “Informal Dispute Resolution Conference”). If you are represented by counsel, counsel may participate, but you must also participate.
The party initiating a Dispute must give the other party written notice of its intent to initiate an Informal Dispute Resolution Conference (“Notice”). The conference will occur within 45 days after the other party receives the Notice unless the parties agree to an extension.
Notice to Company must be sent by email to contact@instablick.com or by regular mail to 1014 Broadway, #2019, Santa Monica, California 90401. The Notice must include: (1) your name, telephone number, mailing address, and email address associated with your use of the Site, if any; (2) the name, telephone number, mailing address, and email address of your counsel, if any; and (3) a description of the Dispute.
The Informal Dispute Resolution Conference is individualized. A separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree. Multiple individuals initiating a Dispute cannot participate in the same conference unless all parties agree.
Between receipt of the Notice and the conference, nothing in this Arbitration Agreement prohibits the parties from communicating informally to resolve the Dispute. Participating in the conference is a condition precedent that must be fulfilled before commencing arbitration. Statutes of limitation and filing-fee deadlines are tolled while the parties engage in this required process.
8.2(c) Arbitration rules and forum
These Terms evidence a transaction involving interstate commerce. Notwithstanding any other provision concerning applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings.
If the informal process described above does not resolve the Dispute satisfactorily within 60 days after receipt of the Notice, either party may finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative-dispute-resolution provider.
Disputes involving claims and counterclaims with an amount in controversy under $250,000, excluding attorneys’ fees and interest, are subject to JAMS’ then-current Streamlined Arbitration Rules and Procedures. All other claims are subject to JAMS’ then-current Comprehensive Arbitration Rules and Procedures. JAMS rules are also available at www.jamsadr.com or by calling 800-352-5267.
A party wishing to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the requesting party’s name, telephone number, mailing address, and email address, plus any applicable account username and associated email; (2) a statement of the legal claims and their factual bases; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in U.S. dollars; (4) a statement certifying completion of the informal process described above; and (5) evidence that the requesting party paid any necessary filing fees.
If the requesting party is represented by counsel, the Request must also include counsel’s name, telephone number, mailing address, and email address, and counsel must sign the Request. By signing, counsel certifies, to the best of counsel’s knowledge, information, and belief after reasonable inquiry, that: (1) the Request is not presented for an improper purpose, such as harassment, unnecessary delay, or needless cost; (2) the legal contentions are warranted by existing law or a nonfrivolous argument for changing or establishing law; and (3) the factual and damages contentions have evidentiary support or are likely to have support after a reasonable opportunity for investigation or discovery.
Unless you and Company agree otherwise, or the Batch Arbitration process below is triggered, arbitration will be conducted in the county where you reside. Subject to JAMS rules, the arbitrator may direct a limited and reasonable exchange of information consistent with the expedited nature of arbitration. If JAMS is unavailable, the parties will select an alternative arbitral forum. Your responsibility for JAMS fees and costs is governed solely by the applicable JAMS rules.
You and Company agree that materials and documents exchanged during arbitration will be kept confidential and not shared with anyone except the parties’ attorneys, accountants, or business advisers, subject to their agreement to maintain confidentiality.
8.2(d) Authority of arbitrator
The arbitrator has exclusive authority to resolve all disputes subject to arbitration, including disputes concerning the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that a court of competent jurisdiction, rather than an arbitrator, will decide: (1) disputes arising out of or relating to the Waiver of Class or Other Non-Individualized Relief, including whether that waiver is unenforceable, illegal, void, voidable, or breached; (2) except as expressly contemplated by Batch Arbitration, disputes about payment of arbitration fees; (3) disputes about whether either party satisfied a condition precedent to arbitration; and (4) disputes about which version of the Arbitration Agreement applies.
The arbitration proceeding will not be consolidated with other matters or joined with other cases or parties except as expressly provided under Batch Arbitration. The arbitrator may grant motions dispositive of all or part of a claim or dispute and may award monetary damages and any non-monetary remedy or relief available to an individual party under applicable law, the forum’s rules, and these Terms.
The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions, including the calculation of any damages awarded. The arbitrator must follow applicable law. The award is final and binding, and judgment on it may be entered in any court with jurisdiction.
8.2(e) Waiver of jury trial
Except as specified in Section 8.2(a), you and the Company Parties waive constitutional and statutory rights to sue in court and have a trial before a judge or jury. Covered claims and disputes will instead be resolved exclusively by arbitration under this Arbitration Agreement.
An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and judicial review of an arbitration award is very limited.
8.2(f) Waiver of class or other non-individualized relief
Except as specified under Batch Arbitration, you and Company may bring claims against each other only on an individual basis and not on a class, representative, collective, or mass-action basis. The parties waive all rights to have a Dispute brought, heard, administered, resolved, or arbitrated on such a basis. Only individual relief is available, and Disputes of more than one customer or user cannot be arbitrated or consolidated with those of another customer or user.
Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Nothing in this paragraph affects the Batch Arbitration provision.
If a court decides in a final, non-appealable decision that the limitations in this subsection are invalid or unenforceable as to a particular claim or request for relief, such as public injunctive relief, only that claim or request will be severed from arbitration and may be litigated in state or federal courts located in California. All other Disputes will be arbitrated or litigated in small claims court. This subsection does not prevent participation in a class-wide settlement.
8.2(g) Attorneys’ fees and costs
The parties will bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that the substance of the Dispute or relief sought was frivolous or brought for an improper purpose, measured by Federal Rule of Civil Procedure 11(b).
If you or Company must invoke a court’s authority to compel arbitration, the party obtaining an order compelling arbitration may recover reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in obtaining that order. The prevailing party in a court action concerning satisfaction of a condition precedent to arbitration, including the informal process, may recover reasonable costs, necessary disbursements, and reasonable attorneys’ fees.
8.2(h) Batch arbitration
To increase efficiency in administering and resolving arbitrations, if 100 or more individual Requests of a substantially similar nature are filed against Company by or with the assistance of the same law firm, group of law firms, or organizations within a 30-day period, or as soon as possible thereafter, JAMS will: (1) administer the Requests in batches of 100, plus a final batch of any remaining Requests; (2) appoint one arbitrator for each batch; and (3) resolve each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing if any in a place determined by the arbitrator, and one final award (“Batch Arbitration”).
Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues, and seek the same or similar relief. If the parties disagree about application of Batch Arbitration, the disagreeing party will advise JAMS, and JAMS will appoint a sole standing arbitrator to determine applicability (the “Administrative Arbitrator”). The Administrative Arbitrator may establish procedures necessary for prompt resolution, and Company will pay that arbitrator’s fees.
You and Company agree to cooperate in good faith with JAMS to implement Batch Arbitration, including payment of single filing and administrative fees for each batch and steps to minimize time and cost. Those steps may include appointing a discovery special master and adopting an expedited procedural calendar.
This Batch Arbitration provision does not authorize class, collective, or mass arbitration or action, or arbitration involving joint or consolidated claims, except as expressly stated in this provision.
8.2(i) 30-day right to opt out
You may opt out of this Arbitration Agreement by sending timely written notice to 1014 Broadway, #2019, Santa Monica, California 90401, or by email to contact@instablick.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out.
If you opt out, all other parts of these Terms continue to apply. Opting out has no effect on any other arbitration agreement you may currently have with us or enter into in the future.
8.2(j) Invalidity and expiration
Except as provided under the Waiver of Class or Other Non-Individualized Relief, if any part of this Arbitration Agreement is found invalid or unenforceable, that part will have no force or effect and will be severed, and the remainder will continue in full force and effect.
Any Dispute must be initiated through arbitration within the applicable statute of limitations for that claim or controversy or it will be forever time-barred. Applicable limitation periods apply to arbitration in the same way they would apply in a court of competent jurisdiction.
8.2(k) Modification of Arbitration Agreement
If Company makes a future material change to this Arbitration Agreement, you may reject that change within 30 days after it becomes effective by writing to 1014 Broadway, #2019, Santa Monica, California 90401, or emailing contact@instablick.com.
Unless you reject a change within that period, continued use of the Site or Services, including acceptance of products or services offered on the Site, after the change is posted constitutes acceptance. A change does not create a new opportunity to opt out if you previously agreed to a version of these Terms and did not validly opt out.
If you reject a change and were already bound by an agreement to arbitrate Disputes related to the Site, Services, communications, products, or these Terms, the Arbitration Agreement in effect when you first accepted these Terms, or a later version you accepted, remains in force. Company will honor valid opt-outs made under a prior version.
8.3 Export
The Site may be subject to U.S. export-control laws and to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, U.S. technical data acquired from Company, or products utilizing such data, in violation of U.S. export laws or regulations.
8.4 California disclosures
Company is located at the address in the Contact Information section. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to 400 R Street, Sacramento, CA 95814, or calling (800) 952-5210.
8.5 Electronic communications
Communications between you and Company use electronic means, whether you use the Site, send us emails, or Company posts notices on the Site or communicates by email. For contractual purposes, you (a) consent to receive communications from Company electronically; and (b) agree that terms, conditions, agreements, notices, disclosures, and other communications Company provides electronically satisfy legal requirements that would be satisfied by a hardcopy writing. This does not affect your non-waivable rights.
8.6 Entire terms
These Terms constitute the entire agreement between you and us regarding use of the Site. Our failure to exercise or enforce a right or provision does not waive that right or provision. Section titles are for convenience only and have no legal or contractual effect. “Including” means “including without limitation.”
If a provision is held invalid or unenforceable, the other provisions remain unimpaired, and the invalid or unenforceable provision will be modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor; neither party is an agent or partner of the other.
You may not assign, subcontract, delegate, or otherwise transfer these Terms or your rights or obligations without Company’s prior written consent, and any attempted transfer in violation of this restriction is void. Company may freely assign these Terms. These Terms bind permitted assignees.
8.7 Copyright and trademark information
Copyright © 2026 InstaBlick, LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of third parties. You may not use Marks without our prior written consent or the consent of the third party that owns them.
9. Contact information
General email
contact@instablick.comTelephone
+1 (661) 219-7555Mailing address
InstaBlick, LLC1014 Broadway, #2019
Santa Monica, California 90401
United States
Privacy questions and requests should be sent to privacy@instablick.com.
