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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
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either party retains the right to bring an individual action in small claims court, if the claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
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).
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
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"Oscar may bring an action in a state, provincial or federal court to protect its intellectual property rights. Seeking such relief shall not waive Oscar's right to compel arbitration under these Terms.Excerpt from Oscar Health's Terms of Use
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The clause states: “Oscar may bring an action in a state, provincial or federal court to protect its intellectual property rights. Seeking such relief shall not waive Oscar's right to compel arbitration under these Terms.”
ConductAtlas has identified this type of provision across 210 platforms. See the full comparison.
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