Text Messaging Terms and Conditions (the “Agreement”)
Effective date: 12/21/19Oscar Insurance Corporation and one or more of its parents, affiliates, subsidiaries, agents, contractors, or vendors (collectively “Oscar”) offer messaging via Short Message Service (SMS) and Multimedia Messaging Service (MMS) text alerts to adults aged 18 and older. To enroll in text alerts, you must provide your own United States-based mobile phone number. You do not have to enroll in text alerts to purchase products or services from Oscar. Notify Oscar immediately if your phone number changes. Oscar is not liable for any transmission or communication of information by text that occurred because you did not report that your phone number changed. If your phone number changes ownership without your knowledge, notify Oscar immediately when you become aware of the change. Your consent to use the number you've provided applies despite the number being listed on any national or state Do Not Call lists or registries.You agree to these terms and conditions. You may be asked to verify your mobile phone number before the service will start. You can opt out of text messages at any time. To do so, text: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. When you successfully unsubscribe, you will receive a confirmation message indicating that you will no longer receive text messages from Oscar. If you’ve opted out of messages, you can text JOIN or ENROLL to opt back in. You can also contact your Care Team at 1-855-672-2755 to opt in or out of messages from Oscar. Text HELP for help, or contact your Care Team at 1-855-672-2755 for additional information. The messages Oscar transmits via SMS are not encrypted. This means these messages may be visible to your mobile phone provider, an intercepting third-party, or whoever has access to your mobile phone. Oscar is also unable to assure the integrity or validity of SMS messages or their contents, as SMS messages may be impersonated, tampered with, or lost in transit. You acknowledge that these text messages will be sent in an unencrypted fashion to the mobile phone number you have provided, and that these messages may contain personal information and/or protected health information. Oscar will send recurring text messages at varying frequencies. Message frequency will vary based on program participation and per user. Contact your Care Team at 1-855-672-2755 for additional information. Oscar, in its sole discretion, may offer text programs to provide information or resource links about the following: operational alerts and reminders such as billing and payment, claims, coverage, health and fitness tips, medication reminders, and health insurance education.Oscar does not impose a separate charge for text messages. Your mobile phone company’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for paying for these message and data charges. If you have questions, please contact your mobile phone company. Oscar supports the following: Verizon Wireless, AT&T, Sprint, T-Mobile®, U.S. Cellular, Virgin Mobile, Boost Mobile, and MetroPCS. Carriers are not liable for delayed or undelivered messages.Text messages are provided on an “as is” basis. Oscar may change or discontinue its text messaging program at any time, without prior notice or liability to you. Oscar reserves the right to stop delivering text messages to any person, at any time, in its sole discretion. Oscar Insurance Corporation and one or more of its parents, affiliates, subsidiaries, agents, contractors, or vendors, and their respective directors, officers, and employees, are not responsible and shall not be liable for any losses or injuries of any kind, resulting directly or indirectly, from the Oscar text messaging program, or any technical failures or delays of any kind. Messages may not be available in all areas at all times. Messages may stop working due to changes in your mobile phone company’s coverage, service, software, or other changes. Binding Arbitration
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (“AAA Rules”), available at https://www.adr.org/sites/default/files/Commercial%20Rules.pdf. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration proceeding shall be held in New York, New York, and will be conducted before a single arbitrator jointly agreed to by the Parties. If the Parties are unable to agree upon an arbitrator, the arbitrator shall be chosen in accordance with the AAA Rules. The party wishing to initiate arbitration (“Claimant”) must initiate such arbitration within two (2) years after the claim or controversy arose, or it shall be deemed to have waived its right to pursue the dispute in any forum. The Claimant shall commence the arbitration by delivering a notice of arbitration to the other party (“Respondent”) setting out the nature of the claim(s) and the relief requested. Within 30 days of the receipt of the notice of arbitration, the Respondent shall deliver to the Claimant its answer and any counterclaim(s), setting out the nature of such counterclaims(s) and the relief requested.The arbitration shall be subject to the Laws of the state of New York without regard to conflict of law provisions. The decision of the arbitrator will be final, conclusive and binding. The arbitrator shall have no authority to award punitive, exemplary, indirect, special, or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party will bear its own costs related to the arbitration, including any costs, fees (including attorneys’ and consultants’ fees), and expenses of any kind. The parties expressly intend that any dispute relating to this Agreement be resolved on an individual basis, such that no other dispute with any third party(ies) may be consolidated or joined with this dispute in any arbitration. The parties acknowledge that this arbitration provision precludes any party from participating in a class action or class arbitration involving any other third party(ies), and agrees to opt-out of any class action or class arbitration filed against Oscar that raises claims in connection with this Agreement, including, but not limited to, class actions or class arbitrations that are currently pending. This arbitration provision shall survive termination or expiration of this agreement. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. If a court decides that any part of this Binding Arbitration provision relating to the waiver of class action or class arbitration is invalid or unenforceable, then the entirety of this Binding Arbitration provision shall be null and void. The remainder of this Agreement shall continue to apply. If a court decides that any part of this Binding Arbitration provision other than those provisions relating to the waiver of class action or class arbitration is invalid or unenforceable, then the other parts of this Binding Arbitration provision shall still apply.