“FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00.”
This analysis describes what Oscar Health's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This cap limits the maximum financial recovery a user can obtain from Oscar Health for direct damages, regardless of the actual harm suffered.
Interpretive note: The excerpt appears to be a fragment of a broader liability limitation clause; the full clause likely includes additional excluded categories of damages, but only the direct-damages cap is addressed here.
The reader's ability to recover direct damages from Oscar Health is limited in the aggregate to the greater of three months of fees paid for the particular services or $100.00.
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"FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00.Excerpt from Oscar Health's Terms of Use
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This cap limits the maximum financial recovery a user can obtain from Oscar Health for direct damages, regardless of the actual harm suffered.
The reader's ability to recover direct damages from Oscar Health is limited in the aggregate to the greater of three months of fees paid for the particular services or $100.00.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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