CVSHealth.com: Notice of Terms of Use
Effective Date: December 17, 2024
Read these Terms of Use (this “Agreement”) for important information about our content and our Services (as defined below).
Please read this Agreement carefully and completely before using www.cvshealth.com or our other properties where this Terms of Use is posted. We refer to these collectively as the “Services.” By clicking “I Accept” to this Agreement, or by using the Services (including any access to the Services), you agree and acknowledge that you have read, understood, and expressly agree to be bound by this Agreement, by and between you and CVS Pharmacy, Inc. (also referred to as the “Business”, "us,” “our,” or "we"), which incorporates by this reference any additional terms and conditions posted by us through the Services, or otherwise made available to you by us. The information and resources contained on and accessible through the Services are made available by us and our suppliers and vendors, and other third parties, in each case subject to your agreement to the terms and conditions of this Agreement.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION, JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH BELOW. PLEASE REVIEW CAREFULLY.
Updates to this Agreement
We may update this Agreement at any time by notifying you of such updates by any reasonable means, including by posting the revised Agreement to the Services. You can determine when this Agreement, was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Any modifications will be effective immediately upon such posting. You should periodically review this page to determine if this Agreement has been updated. Your use of or access to the Services after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them.
Products and transactions
Please note that references to or descriptions or images of products or services on the Services should not be interpreted as endorsements of such products or services and such products or services may be made available by us or by third parties.
Price (including the validity of any discount), eligibility requirements, or the availability of any product or service, and any other information are subject to change without notice. Verification of information may be required prior to the acknowledgment or completion of any transaction. Further terms and conditions related to transactions in connection with the Services may apply.
Materials
For purposes of this Agreement, “Materials” includes user IDs, email addresses, passwords, comments, photographs, images, graphics, text, and data, and any other forms of materials or information submitted by you through or otherwise in connection with the Services, regardless of whether such information is posted publicly or with password protection.
The Services are not designed or intended to be used as a disaster recovery or emergency data storage facility and you are responsible for creating and maintaining copies of your Materials prior to posting, uploading, or otherwise submitting such Materials through the Services.
The Business and its suppliers and vendors are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any Materials that you may use or allow others to use in connection with the Services (including Materials posted or submitted to the Services) before the Business and its suppliers and vendors take any remedial action that they consider, in their sole discretion, to be appropriate.
NEITHER THE BUSINESS NOR ITS SUPPLIERS OR VENDORS CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SERVICES, NOR DO WE OR THEY HAVE ANY OBLIGATION TO MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS AGREEMENT. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SERVICES.
NO WARRANTIES
THE BUSINESS PROVIDES THE SERVICES “AS IS” AND DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT) REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS, FUNCTIONALITY, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE DATA SET FORTH HEREIN IS FOR INFORMATIONAL PURPOSES ONLY, AND, ALTHOUGH THE BUSINESS RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, NO WARRANTY IS MADE THAT THE INFORMATION IS ERROR-FREE. PLEASE NOTE THAT ONCE YOU LEAVE THE SERVICES OR ARRIVE AT A SERVICE FROM ANOTHER NON-BUSINESS LOCATION, EITHER BY USING A LINK WE MAY HAVE PROVIDED FOR YOUR CONVENIENCE OR BY SPECIFYING YOUR OWN DESTINATION, CVS ACCEPTS NO RESPONSIBILITY FOR THE CONTENT, PRODUCTS AND/OR SERVICES PROVIDED AT THESE NON-BUSINESS LOCATIONS. THE BUSINESS DOES NOT CONTROL, ENDORSE, PROMOTE OR HAVE ANY AFFILIATION WITH ANY OTHER WEBSITE OR SOFTWARE APPLICATION (INCLUDING MOBILE APPLICATIONS) UNLESS EXPRESSLY STATED HEREIN. YOUR ACCESS AND USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE BUSINESS NOR ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS OR PARTNERS (“CVS”) SHALL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OR PERFORMANCE OF THE SERVICES, OR ANY OTHER HYPER-LINKED WEBSITE OR SOFTWARE APPLICATION (INCLUDING MOBILE APPLICATIONS), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
WITH RESPECT TO PRODUCTS OR SERVICES PURCHASED THROUGH THIRD PARTIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO BUSINESS PARTY SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY LIABILITY ON THE PART OF THE BUSINESS PARTY, IN THE AGGREGATE, SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED OR $25, WHICHEVER IS GREATER.
You acknowledge and agree that the limitations set forth above are fundamental elements of this Agreement and the Services would not be provided to you absent such limitations.
Your obligations
By using the Services, you affirm that you are of legal age to enter into this Agreement, and that you have the authority to accept this Agreement. You may register for an account if you are at least 18 years old. If you choose to create an account in connection with your use of the Services, you must provide true, accurate, current, and complete registration information. If we believe that your information is incorrect or incomplete, we may prevent you from accessing the Services, terminate or suspend your account, or otherwise limit or restrict your use or Services.
You are responsible for maintaining the confidentiality of your user ID and password and are fully responsible for all activities (including purchases, as applicable) that occur in connection with your user ID or password such that, for all purposes under this Agreement, any activities in connection with your user ID or password will be deemed to be your activities. We will not be liable for any loss that you incur as a result of someone else using your account. To protect the security of the Services and your account, we may, at our sole discretion, terminate or suspend your account, change your username or password, request additional information before we authorize transactions on your account, or take other reasonable actions.
Your use of the Services is limited to non-commercial, personal use only. You agree to use the Services only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Services in any way. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Services will not be tolerated, including by means of hacking or defacing any portion of the Services, or by engaging in spamming, flooding, or other disruptive activities. You must not transmit or otherwise make available through or in connection with the Services any virus or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
We may limit the number of times you can visit or log in to the Services within a certain period of time. We also reserve the right, in our sole discretion, to terminate your access to the Services, or any portion thereof, at any time, without notice. You agree not to access the Services by any means other than through the interface that we provide for use in accessing the Services.
Availability of the Services
We are constantly seeking to improve and enhance the Services and, unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to this Agreement. You understand and agree that the Services are provided “AS-IS” and that we assume no responsibility for the accuracy or availability of the Services or any information posted on the Services by other users, or the timeliness, deletion, delivery, or failure to store any user communications or personalization settings.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Services (or any parts thereof) with or without notice, in our sole discretion. You understand and agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Temporary interruptions of the Services may occur as normal events.
To access the Services, you must have access to the Internet and related equipment or software, which is your responsibility to obtain at your own expense. You acknowledge that you are solely responsible for upgrading and configuring your systems to be, and remain, compatible with the Services. We have no control over third-party networks you may access during your use of the Services; therefore, delays and disruption of other network transmissions are completely beyond our control.
Ownership of the Services
The Services (including any content made available through the Services) is the property of the Business (or its licensors) and is protected by applicable intellectual property laws. The Business grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, household, informational, and non-commercial purposes only, subject to the other terms and conditions set out in this Agreement.
Title to any copyright, trademark, patent, trade secret, logos, characters, service marks, or other intellectual property right in the Services remains with the Business or its licensors. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate the intellectual property rights of the Business, its affiliates, or a third party.
All rights not expressly granted herein are reserved to the Business, its affiliates, and its licensors. You acknowledge that you do not acquire any ownership or other intellectual property rights, including to any copyright, trademark, patent, trade secret, logos, characters, service marks, by accessing or using the Services. Except as expressly authorized by the Business and its affiliates, you may not modify, publish, transmit, display, reproduce, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
If any part of the Services includes the provision of a specific IP address, URL or other designation for your use, you acknowledge and agree that you will not receive any proprietary or ownership rights in such designation, and that we may change your IP address, URL or other designation at any time.
User-generated content
The Services may have features that let you submit content or communicate with the Business or its affiliates, other users, agents, the general public, and other individuals, including through email, posting comments, reviews or ratings, participating in chats or forums, navigating the Services, and uploading files. Any questions, comments, suggestions, ideas, plans, notes, drawings, images, photographs, pictures, personal information, and other information and/or materials you submit via the Services are referred to here as “User-Generated Content.”
By sharing User-Generated Content on the Services, you warrant and represent that you own or control all of the rights necessary to use your User-Generated Content. You grant the Business and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, transmit, create derivative works from, distribute, disclose and publicly display and perform your User-Generated Content for commercial purposes in any media now known or hereafter developed. Without limiting the foregoing, the Business and its affiliates are specifically free to use any ideas or concepts contained in any such User-Generated Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products. Any such use is without compensation to the person submitting. The Business and its affiliates do not waive any rights they may have to similar or related ideas previously known or developed by their employees, or obtained from sources other than you.
By posting User-Generated Content that contains images, photographs, pictures or that may otherwise be graphical in whole or in part (“Images”), you represent that each person depicted in any Image has provided consent to the distribution, public display and reproduction of any Image. You are fully responsible for any damage or harm resulting from your User-Generated Content, and we assume no liability for User-Generated Content posted or submitted by you or other users. You further agree that we shall have the right, but not the obligation, to monitor the content on the Services and to remove any material that we, in our sole discretion, find to be in violation of the provisions herein or otherwise objectionable. Without limiting the foregoing, we, and our designees, shall have the right to remove any material that violates this Agreement or is otherwise objectionable.
Feedback
All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) you submit to us through the Services or otherwise will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the Business and its affiliates’ confidential information.
By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, fully transferable, sub-licensable, fully paid-up, royalty free worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way.
Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
Unauthorized conduct
You may not, and will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the Services; (2) use or merge the Services, or any component or element thereof, including the text, images, audio, and video, with other software, databases or services not provided by the Business; (3) sublicense, distribute, sell or otherwise transfer the Services to any third party; (4) use the Services as a service bureau, or lease, rent or loan the Services to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Services; (6) interfere in any manner with the operation of the Services; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Services; (8) create a database by systematically downloading and storing the Services; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape” “data mine” or in any way gather the Services or reproduce or circumvent the navigational structure or presentation of the Services without our express prior written consent; or (10) use the Services for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Services. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Services.
Trademarks
The CVS Health® and all other trademarks, service marks, trade names, logos, domain names, URLs and icons (“Marks”) appearing on the Services, registered or not, are the property of the Business or their respective owners. Nothing on this website grants you any right or license to use any of the Marks on this site without the express written permission of the Business or the third-party owners of the Marks. Unauthorized use may violate trademark and other laws.
Copyright infringement claims: Notice and take-down procedures
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your rights under U.S. copyright law, you (or your agent) may send to the Business a written notice by mail, e-mail, or fax, requesting that CVS remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to the Business a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see https://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, the following:
- Sufficient information identifying the copyrighted work(s) believed to be infringed.
- Sufficient information identifying the allegedly infringing material(s) and the location of such material(s) in order to permit the Business to locate such material(s).
- A statement from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed that such owner or authorized representative has a good faith belief that the allegedly infringing materials are used in a manner not authorized by the copyright owner, its agent, or the law.
- Contact information for the complaining party, including a mailing address, a telephone number, and, if available, an email address.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed.
Notices and counter-notices must be sent in writing to the Business’s DMCA agent as follows:
DMCA Agent, Legal Department
Mail: CVS Health, One CVS Drive, Woonsocket, R.I. 02895 Mail Code 1160
Email: DMCA@CVSHealth.com
Fax: 401-765-7887
The Business’s DMCA agent can also be reached at the following phone number: 401-765-1500.
There are substantial penalties for sending false notices. It is our policy, in appropriate circumstances and in its sole judgment, to suspend or terminate the service of any individual, account holder, or user who is deemed to be a repeat or blatant infringer of copyrights.
Not a substitute for professional health care advice
The health information contained in the Services is general in nature and is not a substitute for professional health care. It is not meant to replace the advice of health care professionals. If you have specific health care needs, or for complete health information, please see a doctor or other health care provider. Without limiting the foregoing, you should consult your doctor for medical advice or services, including seeking advice regarding a medical condition, illness, treatment and prior to undertaking a new diet or exercise program or utilizing any related services through the Service. Advance consultation with your doctor is particularly important if you are, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services.
IF YOU ARE EXPERIENCING A MEDICAL CRISIS, PLEASE CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.
Forward-looking statements
Certain information related to financial and operating performance contained on the Services is forward-looking. You should consider forward-looking statements to have been made only as of the date of their original publication and you should not put undue reliance on forward-looking statements. Those statements, while included on the Services for historical reference, speak only as of the date of their original publication and have not been updated. We disclaim any intention or obligation to update or revise forward-looking statements, whether as a result of new information, future events, uncertainties or otherwise. Forward-looking information is based on management’s estimates, assumptions and projections, and is subject to significant uncertainties and other factors, many of which are beyond our control or the control of CVS Health Corporation and any affiliates (together, the “Company”). The Private Securities Litigation Reform Act of 1995 provides a safe harbor for forward-looking statements made by or on behalf of the Company. By their nature, all forward-looking statements are not guarantees of future performance or results and are subject to risks and uncertainties that are difficult to predict and/or quantify. Actual results may differ materially from those contemplated by the forward-looking statements due to the risks and uncertainties described in our Securities and Exchange Commission filings, including those set forth in the Risk Factors section and under the heading “Cautionary Statement Concerning Forward-Looking Statements” in our most recently filed Annual Report on Form 10-K and our most recently filed Quarterly Report on Form 10-Q.
Privacy
The privacy policy governing your access to and use of the Services may vary depending on your use of the Services. Please visit our Privacy Center to review the applicable privacy policies.
Changes to the Services
The Business and its suppliers and vendors may change or modify the information, services, products, materials, and any other resources contained on or accessible through the Services, or discontinue the Services altogether, at any time without notice.
Termination
The Business reserves the right to disable, suspend, or terminate your use of or access to the Services at any time, without notice, for any and no reason whatsoever. Such suspension or termination may result in the permanent deletion of your information or other previously available content. If you no longer agree to be bound by this Agreement, you must cease your use of the Services. The Business reserves the right to determine, in its sole discretion, whether your engagement with the Services is appropriate and complies with this Agreement. Except as provided under Claims of Copyright Infringement/DMCA Notices, the Business may remove any materials you submit to the Services, without prior notice and at the Business’s sole discretion. Any rights you have in accessing the Services shall terminate upon the deactivation or termination of your account or the termination of this Agreement with you.
Dispute resolution
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE BUSINESS (OR ITS SUPPLIERS OR VENDORS), WHETHER THE DISPUTE IS BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED IN FINAL, BINDING, INDVIDUAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN COURT BY A JUDGE OR A JURY. YOU AND THE BUSINESS AGREE THAT THE BUSINESS AND YOU EACH WAIVE THE RIGHT TO TRIAL BY A JURY AND THAT THE FEDERAL ARBITRATION ACT ("FAA") AND FEDERAL ARBITRATION LAW, NOT STATE LAW, GOVERN THE ENFORCEABILITY OF THIS DISPUTE RESOLUTION PROVISION. YOU AND THE BUSINESS ALSO AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ACTIONS, CONSOLIDATED ACTIONS, AND MASS ACTIONS, WHETHER IN COURT OR ARBITRATION, ARE NOT PERMITTED, AND YOU AND CVS AGREE TO GIVE UP THE ABILITY TO BRING OR PARTICIPATE IN A CLASS, CONSOLIDATED, OR MASS ACTION.
FOR ANY AND ALL DISPUTES OR CLAIMS YOU OR THE BUSINESS HAVE, THE PARTY PURSUING THE DISPUTE OR CLAIM MUST FIRST GIVE THE OTHER PARTY AN OPPORTUNITY TO RESOLVE THE DISPUTE OR CLAIM BY SENDING AN INDIVIDUAL, WRITTEN DESCRIPTION OF THE CLAIM THAT DESCRIBES IN DETAIL THE INDIVIDUAL DAMAGES THAT THE PARTY CLAIMS TO HAVE SUFFERED (THE “DEMAND FOR ARBITRATION”). YOU MUST SEND YOUR DEMAND FOR ARBITRATION TO THE BUSINESS’S REGISTERED AGENT AT THIS ADDRESS:
CVS PHARMACY, INC.
C/O CT CORPORATION SYSTEM
450 VETERANS MEMORIAL PARKWAY, SUITE 7A
EAST PROVIDENCE, RI 02914
You and the Business each agree to negotiate your claim in good faith. Each party agrees that it may not commence any arbitration or court proceeding unless you and the Business are unable to resolve the claim within 60 days after receipt of the demand for arbitration and the parties have made a good faith effort to resolve their claims directly during that time. If you or the Business are unable to resolve the claim within 60 days despite those good faith efforts, then either you or the Business may start an arbitration or small claims court proceeding. You and the Business agree that any dispute as to whether these conditions precedent have been satisfied will be decided in court and not by the arbitrator. Either you or the Business may elect to have an arbitration proceeding initiated by the other party adjudicated in small claims court by giving written notice of that election to the other party.
Arbitration shall be conducted by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures, including its Minimum Standards for Procedural Fairness for Consumer and Employment/Workplace Arbitrations, and its Supplemental Rules for Mass Arbitration Filings (the “NAM Rules”). The NAM Rules and instructions for how to initiate an arbitration are available from NAM at https://www.namadr.com/. If NAM fails or declines to conduct the arbitration for any reason, you and we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator but will not decide arbitrability or any other aspect of the parties’ dispute (except as outlined above or if either party files a small claims court matter). In the case of in person proceedings, the proceedings should be conducted at a location that is reasonably convenient to you with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination should be made by the arbitrator. Payment of arbitration fees will be governed by NAM’s schedule of “Fees for Disputes When One of the Parties is a Consumer.” Notwithstanding the foregoing, if the arbitrator decides that any claim asserted in the arbitration demand is frivolous, the arbitrator may award the defending party any attorney’s fees and any filing, administration, and arbitrator fees incurred. The arbitrator may award any individual relief a court of law could, including temporary, interim, or permanent injunctive relief on an individual basis.
If a court or arbitrator finds in any action between you and us that any part of this Dispute Resolution provision is unenforceable with respect to any claim, then the arbitration agreement and class action waiver will not apply to that claim, but they will still apply to any and all other claims that you or the Business may assert in that or any other action. If any provision of this Dispute Resolution provision is found unenforceable, the other parts of it shall continue to apply. These Terms, all transactions related to the Business, and all related matters are governed by the Federal Arbitration Act, applicable federal law, the laws of New York, without regard to any conflict of laws rules.
Telephone, text and fax policy
By providing your residential or wireless phone and/or fax number(s) to the Business, you expressly consent to receive marketing and non-marketing autodialed and/or prerecorded calls, text messages and faxes (including fax advertisements) from or on behalf of the Business at the number(s) provided. Your consent to receive calls or texts on your wireless device is not a condition of any purchase. Consent may be revoked at any time by calling the toll-free number at 1-800-SHOPCVS or faxing your opt-out request to 1-401-652-0893. You may also send an opt-out request via email to do_not_call@CVSHealth.com with the phone and/or fax number you wish to opt-out. Your wireless carrier’s standard message and data rates may apply.
Electronic communications
When you visit or use the Services or send emails or other electronic messages to us or in connection with the Services, you are communicating with us electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Third-party resources
The Services may contain links to, or otherwise make available, third-party sites, services, products, information, content, materials, merchandise, functionality, and/or other resources (“Third-Party Resources”). These Third-Party Resources and links and access to them are provided for your convenience and reference only. We do not control such Third-Party Resources and, therefore, we are not responsible for such Third-Party Resources, or any content posted on or made available by such Third-Party Resources. Your linking to any Third-Party Resource is at your own risk. Please be mindful of this as you link to Third-Party Resources.
The Business and its affiliates hereby disclaim any representation, warranty, or guaranty regarding the Third-Party Resources, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-Party Resources, and you agree to indemnify and hold the Business and its affiliates harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-Party Resources.
We reserve the right to terminate links or access to Third-Party Resources at any time. The fact that we offer such links or access should not be construed in any way as an endorsement, authorization, or sponsorship of such Third-Party Resources, or any content made available thereby. Because some Third-Party Resources employ automated search results or otherwise link you to Third-Party Resources containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in or made available by Third-Party Resources, and you hereby irrevocably waive any claim against us with respect to such Third-Party Resources.
Your use of any Third-Party Resources is subject to the third-party’s terms, conditions and policies applicable to such products, services or materials (such as terms of use or privacy policies of the providers of such products, services or materials). We are not responsible for the privacy and security of any information you share with that third-party, including your credit card or payment information. When you elect to receive these services from a third-party, you agree to hold that third- party responsible for any unauthorized use or disclosure of your personal information.
Jurisdiction and governing law
The Services are intended for residents of the United States only, and we may take certain measures (such as IP address blocking) to limit access to the Services by only such users. The Business and its affiliates make no representation that the Services are appropriate or available for use in other locations. This Agreement, your use of the Services, and all related matters, regardless of your location, are governed solely by, and construed solely in accordance with, the laws of the United States (including federal arbitration law) and the State of New York, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The Business and its affiliates’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and the business nor trade practices shall act to modify any provision of this Agreement. We may assign our rights and duties hereunder to any third-party at any time without notice to you.
Indemnity
You agree to indemnify and hold harmless the Business, and its officers, directors, employees, affiliates, agents and other third parties permitted to receive your information from any and all claims, causes of action, demands, losses, damages, other forms of liability and expenses, including reasonable attorneys’ fees and costs, judgments, and awards arising out of your use of the Services or your breach of this Agreement brought by third parties (collectively, “Claims”) as a result of: (i) your violation of this Agreement; (ii) your use of the Services and/or any content from the Services; (iii) any User-Generated Content you supply; or (iv) your violation of any law or the rights of a third party. The Business respectively reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by us in the defense of any Claims.
No joint venture
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Business or its affiliates as a result of this Agreement. You may not assign this Agreement without the prior written consent of the Business in all instances.
Entire agreement
Other than as may be set forth in this Agreement as to any other terms that may apply, including the Privacy Policy and all other documents expressly incorporated herein by reference, this Agreement is the entire agreement between you and the Business and replace all prior understandings, communications and agreements, oral or written, regarding its subject matter. A printed version of this Agreement and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any court of law, having the jurisdiction, rules that any part of this Agreement are invalid that section will be removed without affecting the remainder of the Agreement. The remaining Agreement will be valid and enforceable.
Contact us
If you have a question or complaint regarding the Services, please see here for more information to contact us, or you can write to us at the following address:
CVS Health
One CVS Drive
Woonsocket, RI 02895