Oscar's liability for any claim arising from the Services is capped at the greater of fees paid in the prior three months or $100.00, and Oscar excludes liability for indirect, consequential, punitive, and incidental damages of any kind. The exclusions apply to the fullest extent permitted by applicable law.
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 provision sets a damages cap of $100.00 or three months of fees paid, whichever is greater, for direct damages, and excludes all indirect and consequential damages. In the context of a health insurance digital platform, this cap applies to claims arising from Service use, subject to applicable law limitations.
Interpretive note: Enforceability of the damages cap and exclusions may vary by state, particularly where applicable law prohibits limitation of liability for certain conduct or categories of harm.
Under this clause, users' ability to recover damages from Oscar related to the digital Services is limited to $100.00 or three months of fees paid, whichever is greater, for direct damages, with all indirect, consequential, and punitive damages excluded. Some states do not permit exclusion of certain damages, and the terms acknowledge this limitation.
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Compare across platforms →"TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL OR (IV) 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 provision sets a damages cap of $100.00 or three months of fees paid, whichever is greater, for direct damages, and excludes all indirect and consequential damages. In the context of a health insurance digital platform, this cap applies to claims arising from Service use, subject to applicable law limitations.
Under this clause, users' ability to recover damages from Oscar related to the digital Services is limited to $100.00 or three months of fees paid, whichever is greater, for direct damages, with all indirect, consequential, and punitive damages excluded. Some states do not permit exclusion of certain damages, and the terms acknowledge this limitation.
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