This analysis describes what Hims & Hers's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
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The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder, provided that the Indemnifying Party may not settle any Claim without the Indemnified Party's prior written approval unless...
In the event you are required to indemnify us pursuant to this Agreement or any court rulings, you must secure all necessary approvals and consents from regulatory authorities for the remittance of any indemnified amount to us.
giving the defending party the right to fully control the defense and settlement of the Claim provided, however, that any settlement unconditionally releases Customer Parties or Smartsheet Parties subject to the Claim of all liability...
"In the event of any dispute between you and any Third Party, any other User or any other entity or individual, you understand and agree that Hims & Hers is under no obligation to become involved in such dispute, and you hereby release and indemnify Hims & Hers, H&H Labs, LLC, Apostrophe Pharmacy LLC, and XeCare LLC...from any and all claims, demands and/or damages...arising out of or in any way related to such disputes...Excerpt from Hims & Hers's Terms and Conditions
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The clause states: “In the event of any dispute between you and any Third Party, any other User or any other entity or individual, you understand and agree that Hims & Hers is under no obligation to become involved in such dispute, and you hereby release and indemnify Hims & Hers, H&H Labs, …”
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