Oak Street Health Telephone, Text, and Fax Terms and Conditions (the “Agreement”)
Please read this Agreement carefully for important information about our telephone, text, and fax services offered by Oak Street Health MSO, LLC and one or more of its parents, affiliates, subsidiaries, agents, contractors, or vendors (collectively“Oak Street Health” or “us”).
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Oak Street Health’s telephone, text, and fax program are subject to the Oak Street Health Notice of Privacy Practices available at https://www.oakstreethealth.com, which is incorporated herein.
By voluntarily providing your phone number, you are indicating your consent to this Agreement, you indicate your electronic signature and intent to be bound by this Agreement. You have the right to obtain a copy of this agreement in paper form by contacting us at (844) 808‑8262.
A. TEXT MESSAGING TERMS AND CONDITIONS
Oak Street Health offers messaging via Short Message Service (SMS) and Multimedia Messaging Service (MMS) text alerts, and similar technology. You do not have to enroll in text messages to purchase products or services from Oak Street Health. The content of these messages includes communication related to your health care and your account. By providing your mobile phone number you agree to receive such messages, you agree to these terms and conditions, and you certify that you are the account holder for the mobile phone account or have the account holder’s permission to use the mobile phone number. You authorize Oak Street Health to use any technology to send the messages, including automated technology, without any limitations on time of day or message frequency, and even if your number is listed on a state or federal do-not-call list. You authorize Oak Street Health to send the messages via SMS or MMS, or similar technologies and modes of transmission. Data obtained through this program will not be shared with any third parties for their marketing purposes.
You may also voluntarily provide your prior express written consent to receive automated marketing messages from us. Your consent to receive calls or texts on your wireless device is not a condition of receiving any service.
Consent to receive texts is not required to become an Oak Street Health patient and is not a condition of any purchase. You may withdraw your consent and opt out of text messages at any time by contacting us at (844) 808‑8262 or by replying STOP in response to a text message. You may also reply HELP for help. If you wish to become an Oak Street Health patient without providing the consent discussed in this section, please contact us at (844) 808 8262.
Message frequency varies. Standard data rates apply. Carriers are not liable for delayed or undelivered messages. Oak Street Health 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.
B. ADDITIONAL CALL AND FAX TERMS AND CONDITIONS
By providing your residential or wireless phone and/or fax number to Oak Street Health, you expressly consent to receive live, automated, and/or prerecorded calls and faxes about your healthcare, your account, and marketing and non-marketing messages, without any limitations on time of day or message frequency, and even if your number is listed on a state or federal do-not-call list. You agree to these terms and conditions and are certifying that you are the account holder for the phone or fax number provided. Your consent is not a required condition of any purchase or service. You may withdraw your consent and opt out at any time by contacting us at (844) 808‑8262. If you wish to become an Oak Street Health patient without providing the consent discussed in this section, please contact us at (844) 808 8262.
C. DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or communications (including but not limited to text messages) from, on behalf of, or involving Oak Street Health, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (“AAA Rules”), available here.
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 Chicago, Illinois, 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 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 Illinois 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 and Claimant agrees to opt-out of any class action or class arbitration filed against Oak Street Health that raises claims in connection with this Agreement to Oak Street Health text messages or other communication, 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 or arbitrator 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.
This document was last updated on October 13, 2023.