“you shall defend, indemnify, and hold harmless Oscar, our affiliates...from all liabilities, claims, damages, losses and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of...the Site...”
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
Users bear financial responsibility for defending Oscar Health and its affiliates against all claims arising from the user's use or misuse of the Services, including attorneys' fees.
Interpretive note: The excerpt references use or misuse of 'the Site' and may also reference intellectual property violations as an independent trigger; the canonical claim states the primary proposition. The full clause may include additional triggering conditions.
The reader is required to cover Oscar Health's and its affiliates' liabilities, claims, damages, losses, and attorneys' fees that arise from the reader's use or misuse of the Services.
How other platforms handle this
You agree to cooperate with us in connection with our defense.
You will cooperate as fully as reasonably required in the defense of any claim.
You agree to promptly notify the Workday Parties of any Claims, cooperate with the Workday Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims...
"you shall defend, indemnify, and hold harmless Oscar, our affiliates...from all liabilities, claims, damages, losses and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of...the Site...Excerpt from Oscar Health's Terms of Use
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Users bear financial responsibility for defending Oscar Health and its affiliates against all claims arising from the user's use or misuse of the Services, including attorneys' fees.
The reader is required to cover Oscar Health's and its affiliates' liabilities, claims, damages, losses, and attorneys' fees that arise from the reader's use or misuse of the Services.
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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