TERMS OF USE
Last Modified: February 10, 2026
Thank you for using our website. Our website is provided and operated by Oasis Health Partners, Inc. and our subsidiaries and affiliates (“Oasis,” “Company,” “us,” “our,” or “we”). Oasis is committed to providing you a properly operating website and wants to make sure that you understand our expectations for your use of our website.
By using our website, you are agreeing to these Terms of Use (these “Terms”). Please read them carefully.
IMPORTANT ARBITRATION DISCLAIMER; ARBITRATION AND WAIVER OF JURY TRIAL. THESE TERMS CONTAINS PROVISIONS FOR BINDING ARBITRATION AND WAIVER OF JURY TRIAL (SECTION 13). YOUR ACCEPTANCE OF THESE TERMS, INCLUDING ALL APPLICABLE PARTS AND INCORPORATED DOCUMENTS AND MATERIALS, INCLUDES YOUR ACCEPTANCE OF AND AGREEMENT TO THESE PROVISIONS. WHEN ARBITRATION IS INVOKED FOR CLAIMS SUBJECT TO ARBITRATION, YOU AND OASIS WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM AND YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT OR IN ARBITRATION.
1. Using our Website
You must follow any policies made available to you within the website.
Don’t misuse our website. For example, don’t interfere with our website or try to access it using a method other than the interface and the instructions that we provide. You may use our website only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing you access to our website if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our website does not give you ownership of any intellectual property rights in our website or the content you access. You may not use content from our website unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used on our website. Don’t remove, obscure, or alter any legal notices displayed on our website.
In connection with your use of the website, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
2. Prohibited Uses
You may use our website only for lawful purposes and in accordance with these Terms. You agree not to use our website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Oasis, an Oasis employee, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm Oasis, or users of the website or expose them to liability.
Additionally, you agree not to:
- Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website.
- Use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website.
- Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website.
- Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the website.
If you encounter content or a user that you believe violates the above policies, please report it to us by emailing us at oasis-security@oasishealth.com.
3. Text Messaging
By opting-in or participating in our text messaging programs, you hereby acknowledge, accept, and agree to be bound by our Text Messaging Terms & Conditions, incorporated herein, which governs your obligations and responsibilities with respect to communications via mobile phone.
4. Access, Use, and Management of the Website
Although it is not our intention to do so, we reserve the right, in our sole discretion, to delete or remove any information you provide on or through the website from the website and to restrict, suspend, or terminate your access to all or part of the website, with or without cause to do so (including, without limitation, our good faith belief that you have violated these Terms), without prior notice or liability. Oasis may, but is not obligated to, monitor or review any areas on the website where you transmit or provide information, including but not limited to areas where our products and services are available.
To the maximum extent permitted by law, Oasis will have no liability related to your information arising under the laws of copyright, libel, privacy, obscenity, or otherwise, or losses incurred due to your failure to maintain the confidentiality of your account credentials. Oasis also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any of your information.
5. Comments and Feedback
If, at our request, you send certain specific submissions or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, or otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or any related website(s). You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
6. Trademarks
Oasis or its parent, subsidiaries, or affiliates, or third parties from whom we have permission, own the trademarks or service marks that are used on the website. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Oasis and its licensors may not be used without prior written consent of Oasis or its licensor, as the case may be. Without limiting the foregoing, our trademarks or trade dresses may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us.
7. Proprietary Rights
Your use of the website confirms your acknowledgment that the website contains certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) (“Content”), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and Oasis owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the website. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right.
8. Modifying and Terminating Our Website
We are constantly changing and improving our website. We may add or remove functionalities or features, and we may suspend or stop a service altogether.
You can stop using our website at any time. We may also stop providing services to you or add or create new limits to our website at any time.
9. Links from the Website
If our website contains links to other sites and resources provided by third parties, these links are provided for your convenience only and are not intended and should not be construed as any endorsement or approval of, association with or control over any such organization or site or the contents thereof. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them, and disclaim all warranty and liability as to the accuracy, completeness, suitability or utility thereof. If you decide to access any of the third-party websites linked to our website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
10. Disclaimer of Warranties
OUR WEBSITE IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR ANY OF OUR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify, defend, and hold harmless Oasis, and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the website or violation of these Terms.
13. DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER; JURY TRIAL WAIVER)
PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR OASIS WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
For purposes of this Section 13 (“Dispute Resolution”), “Oasis,” “we,” “our,” and “us” shall include Oasis Health Partners, Inc. and its past, present, and future subsidiaries, parents, affiliates, agents, employees, officers, directors, predecessors in interest, successors, representatives, and assigns.
i. Binding Arbitration
If you or Oasis has any claim, controversy, or dispute arising out of or relating to these Terms, your access or use of the website, or any products or services offered by or purchased from Oasis through the website, or any aspect of your relationship with Oasis, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, (“Dispute”), and the Dispute is not resolved through the Mandatory Pre-Arbitration Dispute Resolution Process described in Section 13(ii) below, you and we each agree to resolve such Dispute through an individual binding arbitration, provided that either party may (a) initiate a Dispute in or take a Dispute to small claims court so long as it is not removed or appealed to a court of general jurisdiction, and (b) as otherwise expressly provided herein. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance and otherwise for a court of competent jurisdiction to decide.
The term “Dispute” will be given the broadest possible meaning permitted by law, including, but not limited to: (a) any dispute or claim that arose before the existence of these or any prior agreement or prior version of these Terms (including, but not limited to, claims relating to advertising, the use or disclosure of information about you or us, communications involving telephones, cell phones, automatic dialing systems, artificial or prerecorded voice messages, text messages, emails, or facsimile machines, such as alleged violations of the Telephone Consumer Protection Act and other statutes or regulations involving telemarketing); (b) any dispute or claim that is currently the subject of a purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms and our relationship with you. The term “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property.
The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Terms; (b) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution; and (c) issues that relate to the arbitrability of any Dispute. A court of competent jurisdiction shall have the limited and non-exclusive authority to decide if a Dispute is time-barred under contractual or statutory limitations periods or that the filing of a demand for arbitration has been authorized by the claimant. These Terms and its arbitration agreement (Section 13) do not prevent you from bringing a Dispute to the attention of any government agency. You and Oasis agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.
ii. Mandatory Pre-Arbitration Dispute Resolution Process
If you or Oasis has a Dispute, you and Oasis each agree to make a good faith effort to resolve all Disputes through the Mandatory Pre-Arbitration Dispute Resolution Process (the “Process”). The party initiating the Dispute must first give notice to the other party in writing of the Dispute. At minimum, the notice must be clearly marked as “Notice of Pre-Arbitration Dispute” and include: (a) the initiating party’s contact information (including name, address, telephone number, and email address) (with their counsel’s contact information, if represented); (b) sufficient information to enable the other party to identify any transaction(s) and account(s) at issue (including receipts and product and purchase details if applicable to the Dispute); and (c) a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation for such relief. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented).
If you have a Dispute with Oasis, you must send this notice, including all of the information referenced above, by mailing:
Oasis Health Partners
Attn: Kari Snaza
2045 W Grand Ave Ste B
PMB 781872
Chicago, Illinois 60612
You may also send a copy of the notice of Dispute by email to disputes@oasishealth.com, but email alone does not satisfy this notice requirement. If we have a Dispute with you, we will send the above notice, including all the information referenced above, to you at the most recent contact information we have on file for you. If any offers of settlement are discussed by the parties, such information about the proposed settlement shall be confidential and will not be disclosed, including in any arbitration.
For a period of sixty (60) days from receipt of a completed notice (which can be reasonably extended by the parties), you and we (and counsel, if you and we are represented) agree to negotiate in good faith in an effort to informally resolve the Dispute. To this end, the party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and an Oasis representative will personally attend (with counsel, if you and we are represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. If the Dispute is not resolved within sixty (60) days after receipt of a completed notice (or longer if the period has been extended), you or Oasis may commence a formal dispute resolution proceeding consistent with the process set forth in Sections 13(ii) and (iii) below.
Compliance with and completion of this Process is a condition precedent to you or Oasis commencing any formal dispute resolution proceeding in arbitration or small claims court. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed and valid notice through the conclusion of this Process. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court at either party’s election, and any formal dispute resolution proceeding shall be automatically stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Nothing in this Section limits the right of a party to raise the sufficiency of a notice or compliance with this Process or to seek damages for non-compliance with this Process in arbitration, including with a Process Arbitrator. You or we may commence arbitration only if the Dispute is not resolved through compliance with this Process.
iii. Arbitration Procedure
You and Oasis agree that the arbitration will be administered by the American Arbitration Association (“AAA”) and conducted in accordance with the applicable AAA rules, including, if applicable, AAA’s rules related to mass arbitrations (“AAA Rules”), as modified by this arbitration agreement. If the AAA is unavailable or unwilling to administer arbitrations consistent with this arbitration agreement, another arbitration provider shall be mutually selected by the parties that will administer arbitrations consistent with this arbitration agreement. If the parties cannot agree on a provider, they shall petition a court of competent jurisdiction to appoint an arbitration provider that will do so.
The party properly seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the AAA Rules and this arbitration agreement. An arbitration demand must include all of the information required to be provided in the notice above. When initiating arbitration, you shall personally certify to Oasis and to the AAA that you are a party to this arbitration provision and provide a copy or link to it. To begin an arbitration proceeding, you or Oasis must send a personally signed demand for arbitration that describes (a) the nature and basis of the claims, and (b) the nature and basis of the relief sought, including a detailed calculation for such relief. The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (c) the Process referenced above, and (d) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would. If you are initiating arbitration, you shall serve the demand for arbitration on Oasis via mail to:
Oasis Health Partners
Attn: Kari Snaza
2045 W Grand Ave Ste B
PMB 781872
Chicago, Illinois 60612
You may also send a copy of the demand by email to disputes@oasishealth.com, but email alone does not satisfy this notice requirement. If Oasis is initiating arbitration, we shall serve the demand for arbitration on you at the most recent address we have on file for you. The party initiating arbitration must follow the appropriate procedures with the AAA to commence the arbitration, which are available at www.adr.org or by contacting the AAA.
The arbitration shall be heard by a single, neutral arbitrator. The party initiating arbitration may choose to have the arbitration conducted by a phone, video, or in-person hearing, or solely through written submissions, except the respondent in any arbitration where the claimant is seeking ten thousand dollars ($10,000) or more or injunctive relief shall have the right to elect a hearing. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Oasis representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or city where Oasis principally resides or at another mutually reasonably convenient location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator is empowered to follow and enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.
The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in a court of competent jurisdiction, except an award that has been fully satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. You and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purposes.
iv. Additional Mass Arbitration Procedures
You and we agree that these Additional Mass Arbitration Procedures (“Additional Procedures”) (in addition to the other provisions of this arbitration provision and the applicable AAA Rules) shall apply if you choose to bring your Dispute as part of a Mass Arbitration (defined below). If twenty-five (25) or more similar Disputes (including yours) are asserted against Oasis by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you understand and agree that these Additional Procedures will apply and that they are designed to (a) lead to the streamlined and cost-effective resolution of claims; (b) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of similar claims; and (c) preserve the integrity of the arbitration process. You also understand and agree that by choosing to bring your Dispute as a part of a Mass Arbitration that the resolution of your Dispute might be delayed and ultimately proceed in court and not in arbitration. These Additional Procedures are not intended, and shall not be interpreted, to replace or supplant each party’s obligations under the Process as set forth in Section 13(ii). Accordingly, the parties agree that as part of these Additional Procedures, their respective counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s resources.
If you choose to bring your Dispute as part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) not otherwise tolled pursuant to Section 13(ii) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
STAGE ONE: If at least one hundred (100) Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for Oasis shall each select 50 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process (“Stage One”). The number of Disputes to be selected to proceed in Stage One may be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One). Each of the 100 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes, and Oasis shall pay the mediator’s fee.
STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Oasis shall each select 100 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process (“Stage Two”). The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 200 Disputes, all shall proceed individually in Stage Two). No more than five cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes, and Oasis shall pay the mediator’s fee.
Upon the completion of the mediation set forth in Stage Two (and assuming respective counsel for the parties do not jointly agree to continue engagement through further mediation or otherwise), each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitrations, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Mass Arbitrations and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitrations apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.
v. Changes to this Arbitration Agreement
Notwithstanding any provision to the contrary, you and we agree that if Oasis makes any future changes to Sections 13(i) through (iv) (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change by mail to:
Oasis Health Partners
Attn: Kari Snaza
2045 W Grand Ave Ste B
PMB 781872
Chicago, Illinois 60612
You may also send a copy of the notice by email to disputes@oasishealth.com, but email alone does not satisfy this notice requirement. The written notice must include the following information: (a) your name, address, phone number, and email address, and (b) a statement that you wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change to the arbitration agreement, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this version of the arbitration agreement.
vi. Class Action Waiver; Jury Trial Waiver
You and Oasis each agree that any proceeding, whether in arbitration or in court, shall be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.
To the fullest extent permitted by applicable law, you and Oasis waive the right to a jury trial.
vii. Governing Law; Venue
The law applicable to the interpretation and construction of these Terms and any transaction using or related to the website, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Delaware, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal arbitration law as set forth above. You agree that all matters relating to your access to or use of the website, including all disputes and claims, will be governed by the laws of the United States and by the laws of the State of Delaware.
Unless you and Oasis agree otherwise, to the fullest extent permitted by law, the state and federal courts in New Castle County, Delaware, will have exclusive jurisdiction over any disputes and claims (except for those brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of these Terms, including Sections 13(i) through (v) or any of their provisions. You and Oasis consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.
14. Waiver and Severability
If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
15. Assignment
Your right to use the website and/or any licenses granted under these Terms are not excludable, assignable, or transferable, including by operation of law or otherwise. Any attempted assignment or transfer in violation of the forgoing is null and void.
16. Agreement
These Terms constitute the sole and entire agreement between you and Oasis regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
17. Changes to These Terms
We may modify these Terms or any additional terms that apply to the website to, for example, reflect changes to the law or changes to our website or the services or products offered through our website. You should look at the terms regularly. We will post notice of modifications to these Terms on this page by updating the “Last Modified” date at the top of this webpage. Changes will not apply retroactively and will become effective as soon as this webpage’s “Last Modified” date is posted. If you do not agree to the modified terms for a service, you should discontinue your use of that service.
18. Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to our website should be directed to the following:
- By visiting this page on our website: https://www.oasishealth.com/contact