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Users are required to defend, indemnify, and hold Oscar and its affiliates harmless from all liabilities, claims, damages, losses, and attorneys' fees arising from their use or misuse of the Services, violation of the Terms, or IP infringement by any third party using their identity. This obligation extends 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 requires users to bear the cost of defending Oscar against claims arising from third-party use of the user's account identity, in addition to their own misuse. The indemnification obligation covers attorneys' fees and extends to affiliates, contractors, directors, suppliers, and partners.
Interpretive note: Enforceability of the indemnification obligation against individual consumers may vary by jurisdiction, particularly in states with consumer contract unconscionability protections.
Under this clause, users are contractually required to indemnify Oscar and a broad set of affiliated parties for claims and losses, including attorneys' fees, that result from their own misuse of the Services or from any third party using their account identity. This indemnification obligation applies to the fullest extent permitted by applicable law.
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"To the fullest extent allowed by applicable law, you shall defend, indemnify, and hold harmless Oscar, our affiliates and each of our and their respective employees, contractors, directors, suppliers, partners and representatives from all liabilities, claims, damages, losses and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, the Services and Content we offer, violation of these Terms, or infringement by you, or any third party using your identity in the services, of any intellectual property or other right of any person or entity.Excerpt from Oscar Health's Terms of Use
1. REGULATORY LANDSCAPE: Broad consumer indemnification clauses in adhesion contracts are subject to scrutiny under state consumer protection law and unconscionability doctrine. Some states may limit enforcement of indemnification clauses against individual consumers in non-commercial contracts. 2. GOVERNANCE EXPOSURE: Medium. The extension of indemnification to third parties using the user's identity is operationally significant, as it places financial risk on users for unauthorized account access or identity misuse. The breadth of covered parties, including suppliers and partners, is notable. 3. JURISDICTION FLAGS: California and New York courts have scrutinized broad indemnification clauses in consumer contracts for unconscionability. Jurisdictions that limit indemnification in adhesion contracts may constrain enforceability of this provision. 4. CONTRACT AND VENDOR IMPLICATIONS: The indemnification obligation should be assessed in the context of Oscar's own security obligations for protecting user account credentials, as the clause holds users responsible for third-party identity misuse regardless of how access was obtained. 5. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the indemnification clause's scope is consistent with applicable consumer protection law in jurisdictions where Oscar operates. The interaction between this clause and the limitation of liability cap should be reviewed for internal consistency.
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This provision requires users to bear the cost of defending Oscar against claims arising from third-party use of the user's account identity, in addition to their own misuse. The indemnification obligation covers attorneys' fees and extends to affiliates, contractors, directors, suppliers, and partners.
Under this clause, users are contractually required to indemnify Oscar and a broad set of affiliated parties for claims and losses, including attorneys' fees, that result from their own misuse of the Services or from any third party using their account identity. This indemnification obligation applies to the fullest extent permitted by applicable law.
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