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Effective URL: https://www.caremark.com/wps/portal/!ut/p/z1/04_Sj9CPykssy0xPLMnMz0vMAfIjo8zinSzMzS28gwxDQzwsLQ08XS2MAy1cvAwMDIz1w_UjzeIN...
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TERMS AND CONDITIONS



Effective Date: September 4, 2019

IF YOU ARE EXPERIENCING A MEDICAL CRISIS, PLEASE CALL 911 OR CONTACT YOUR LOCAL
EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.

IF YOU ARE NOT FEELING WELL, PLEASE CONTACT AN APPROPRIATE HEALTH CARE
PROFESSIONAL.

Read these Terms of Use (this “Agreement”) for important information about our
health content and our Service (as defined below).

Please read this Agreement carefully and completely before using
www.caremark.com (the “Site”) or any services, content, information, or goods
provided through or in connection with the Site or by or on behalf of Caremark,
L.L.C. or one of its subsidiaries or affiliates (together with the Site,
collectively, the “Service”). By clicking or tapping “I agree,” “I accept,” or
any other similar button or box with respect to this Agreement, or by using the
Service (including any access to the Service), you expressly agree to be bound
by this Agreement, which is by and between you and Caremark, L.L.C. (“CVS
Caremark,” “us” or “we”), and which incorporates by this reference any
additional terms and conditions posted by CVS Caremark through the Site, or
otherwise made available to you by CVS Caremark. For clarity, this Agreement
does not govern your use of other sites or apps (including services on other
sites or apps) operated by CVS Caremark, such as https://client.caremark.com/
(the use of which is governed by a separate Terms and Conditions of Use
currently available here, or other sites or apps operated by any affiliate of
CVS Caremark, such as www.cvs.com, www.cvs.com/photo, or optical.cvs.com (the
use of any of which is governed by a separate Terms of Use currently available
at www.cvs.com/help/terms_of_use.jsp). The information and resources contained
on and accessible through the Service are made available by CVS Caremark and its
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 THAT
REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES,
RATHER THAN JURY TRIALS OR CLASS ACTIONS.

By using the Service, you affirm that you are of legal age to enter into this
Agreement.

We may update this Agreement at any time, and may notify you of such updates by
any reasonable means, including by posting the updated Agreement to the Site.
Any changes in updating this Agreement will not apply to any dispute between you
and us arising prior to the date on which we posted the updated Agreement, or
otherwise notified you of such updated Agreement. The “Last Updated” legend
above indicates when this Agreement was last changed. YOU AGREE TO PERIODICALLY
REVIEW THIS PAGE TO DETERMINE IF THIS AGREEMENT HAS BEEN UPDATED. YOUR CONTINUED
USE OF THE SERVICE FOLLOWING ANY UPDATES TO THIS AGREEMENT SHALL CONSTITUTE
NOTICE AND ACCEPTANCE OF THE UPDATED AGREEMENT.



PHARMACY BENEFIT MANAGEMENT SERVICES

You acknowledge and agree that, to be a registered user of the Service, you must
be eligible to receive CVS Caremark online pharmacy benefit management services.
You may be asked to supply a user ID and password and other information, whether
provided to you by your prescription benefit plan or otherwise, to register to
use all or part of the Service.


ABOUT OUR HEALTH CONTENT

OUR HEALTH CONTENT DESCRIBES GENERAL PRINCIPLES OF HEALTH CARE THAT SHOULD NOT
IN ANY EVENT BE CONSTRUED AS SPECIFIC INSTRUCTIONS FOR INDIVIDUAL PATIENTS. This
material is not intended as a guide to self-medication or as a substitute for
proper medical advice, diagnosis, or treatment. It is for reference only and
should not be used to determine treatment for specific medical conditions. You
should never disregard, avoid or delay obtaining medical advice from a licensed
practitioner because of information made available through the Service. The
Service and its health related information and resources are not intended and
must not be taken as the rendering of medical, nursing, or professional health
care advice or services, or the practice of medicine, nursing, or professional
health care in any jurisdiction. You should discuss the information provided
with a physician, pharmacist, nurse, or other licensed health care professional.
You should also check product information (including package inserts) regarding
dosage, precautions, warnings, interactions, and contraindications before
administering or using any device, drug, herb, vitamin, or supplement discussed
on the Service.

You understand and agree that neither CVS Caremark nor its suppliers or vendors
are responsible for any claim, loss, or damage directly or indirectly resulting
from your use of the Service or the information resources contained on or
accessible through the Service.

Proper treatment of health conditions depends upon a number of factors,
including, but not limited to, your medical history, diet, lifestyle, and
medication regimen. Your health care provider can best assess and address your
individual health care needs. You should consult with your health care provider
before starting a new diet, fitness, or supplement regimen.

Information and statements about dietary supplements have not been evaluated by
the U.S. Food and Drug Administration and are not intended to diagnose, treat,
cure, mitigate, or prevent any disease or health condition. CVS Caremark does
not endorse manufacturers’ or others’ claims about the efficacy of these
products. We specifically disclaim any guarantee or warranty, express or
implied, with respect to any products or services sold, including any warranty
of merchantability or fitness for a particular purpose. No information conveyed
by CVS Caremark either orally or in writing shall create such a warranty.

CVS Caremark does not provide any form of insurance. The inclusion of
information about any particular pharmaceutical or other product does not
indicate anything about whether any insurance plan may or may not provide
benefits with respect to that product.


PRODUCTS AND TRANSACTIONS

Please note that references to or descriptions or images of products or services
(or related coupons or discounts) on the Service should not be interpreted as
endorsements of such products or services and such products or services may be
made available by CVS Caremark or by third parties. Resale of products or
services purchased in connection with the Service is specifically prohibited. We
reserve the right to refuse to sell products or services to you if it reasonably
appears to us that you intend to resell such products or services. Verification
of information may be required prior to our acceptance of any order. We further
reserve the right to limit quantities of items purchased by each customer or to
refuse to provide any customer with any such items. Your properly completed and
delivered order form constitutes your offer to purchase the goods or services
referenced in your order. Your order shall be deemed to be accepted only if and
when CVS Caremark or its supplier or vendor sends a confirmation notice to you.

Price (including the validity of any coupon or discount), quantity, availability
of any product or service, and shipping methods and shipping rates, and any
other information, descriptions, or images available through the Service
regarding any products or services, are subject to change without notice.
Certain weights, measures, and similar descriptions are approximate and are for
convenience only. We seek to undertake reasonable efforts to accurately display
the attributes of products and services, including the applicable colors,
however the actual colors that you see will depend on your device, and we cannot
guarantee that your device will accurately display such colors. Certain
non-prescription order and/or product returns may incur a restocking fee. In
general, offers available through the Service are good only while supplies last.
Sweepstakes, giveaways, specials, sales, and other promotions offered at the
Service may not be available in stores. Likewise, sales and specials offered
in-store might not be reflected online. It is your responsibility to ascertain
and obey all applicable local, state, federal, and foreign laws (including
minimum age requirements) regarding the possession, use, and sale of any
products or services available through or in connection with the Service. By
submitting any information through the Service in connection with purchasing any
products or services, you grant to us the right to provide such information to
third parties for purposes of facilitating such purchase. Verification of
information may be required prior to the acknowledgment or completion of any
transaction. You represent and warrant that you have the right to use any
payment card or other method of payment that you submit in connection with a
transaction in connection with the Service. Further terms and conditions related
to transactions in connection with the Service may apply.

You agree to pay all charges incurred by you or on your behalf through the
Service, at the prices in effect when such charges are incurred, including all
shipping and handling charges. In addition, you are responsible for any taxes
applicable to your transactions. If any payment due is not made by you, CVS
Caremark may, in addition to its other remedies, at its sole discretion and
without notice to you, (a) suspend its performance under this Agreement and your
use of (including any access to) the Service, or (b) terminate this Agreement
and your use of (including any access to) the Service. If legal action is
necessary to collect fees or charges due from you, then you will reimburse CVS
Caremark for all expenses incurred in collecting the fees and charges, including
all attorney fees and other legal expenses.


MATERIALS

For purposes of this Agreement, (a) “Materials” includes user IDs, email
addresses, passwords, comments, photographs, images, graphics, text, and data,
and any other forms of materials or information submitted, posted, or
transmitted by Service users through or otherwise in connection with the
Service, regardless of whether such information is posted publicly or with
password protection, but in each case excluding any such materials or
information that we provide or otherwise make available; and (b) “Your
Materials” includes those Materials submitted, posted, or transmitted by you
through or otherwise in connection with the Service.

The Service is 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 Service.

To the maximum extent permitted under applicable law, CVS Caremark and its
suppliers and vendors have no obligation of any kind with respect to Materials
and 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 Service (including
Materials posted or submitted to the Service) before CVS Caremark and its
suppliers and vendors take any remedial action that they consider, in their sole
discretion, to be appropriate.

NEITHER CVS Caremark NOR ITS SUPPLIERS OR VENDORS CONTROL THE MATERIALS POSTED
OR SUBMITTED TO THE SERVICE, NOR, TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW, DO WE OR THEY HAVE ANY OBLIGATION TO MONITOR, SCREEN, POLICE,
EDIT, OR ACKNOWLEDGE RECEIPT OF THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE
LAWS OR THIS AGREEMENT. IF SERVICE FUNCTIONALITY PERMITS MATERIALS TO BE
PUBLICLY ACCESSIBLE, YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO
BE OFFENSIVE, HARMFUL, INACCURATE, OR DECEPTIVE, AND IF YOU CHOOSE TO MAKE ANY
OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH
THE SERVICE, YOU DO SO AT YOUR OWN RISK. YOU SHOULD USE CAUTION AND COMMON SENSE
WHEN USING THE SERVICE.


DISCLAIMER OF WARRANTY

Although CVS Caremark reserves the right to correct any errors, omissions, or
inaccuracies, to the maximum extent permitted under applicable law, we do not
accept any responsibility for the accuracy, reliability, currency, or
completeness of any information, content, materials, services, products,
merchandise, functionality, or other resources (collectively, “Resources”)
available on or accessible through the Service (even typographical or imaging
errors), including the substance, accuracy, or sufficiency of any service or
product information listed on the Service. Further, we do not represent that the
Service will operate without interruption or error, nor do we provide any
assurances of the availability or usability of the Service. CVS Caremark also
does not accept any responsibility for unauthorized access by third parties to
user transmissions or Materials, or for technical failures in connection with
user transmissions or Materials.

CVS Caremark does not accept any liability for the consequences arising from the
application, use, or misuse of any Resources contained on or made available
through the Service, including any injury and/or damage to any person or
property as a matter of product liability, negligence, or otherwise.

Your use of (including any access to) the Service and any other Internet sites,
including any Resources contained on, or otherwise made available by, them, is
solely at your own risk.

CVS Caremark and its suppliers and vendors will attempt to keep the information,
services, and resources accessible through the Service timely and accurate, but
make no guarantees, and disclaim any implied warranty or representation
regarding, the Resources or the Service, or any Resource’s or the Service’s
accuracy, relevance, timeliness, completeness, reliability, security, or
appropriateness for a particular purpose.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CVS Caremark AND ITS
SUPPLIERS AND VENDORS DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES REGARDING THE INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE,
MATERIALS, FUNCTIONALITY, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE
THROUGH THE SERVICE, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE
MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SUCH INFORMATION, CONTENT,
SERVICES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY, AND OTHER RESOURCES
ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.

Without limiting the generality of the foregoing, CVS Caremark makes no
representation or warranty that the quality of any Resources purchased or
obtained through the Service will meet your expectations, or that any password
protection or other security measures will prevent unauthorized access to
Materials.


LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL CVS
Caremark OR ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES,
OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS,
CO-BRANDERS, OR PARTNERS (COLLECTIVELY, “CVS Caremark PARTIES”) BE LIABLE FOR
ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA,
LOSS OF PROFITS, BUSINESS INTERRUPTION, 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 USE,
OPERATION, OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE
SERVICE, ANY DEFECTS IN THE SERVICE, OR WITH THE PROVISION OF, OR FAILURE TO
MAKE AVAILABLE, ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER
RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

Neither CVS Caremark nor its suppliers or vendors guarantee the sequence,
accuracy, reliability, currency, or completeness of any information or content
available on or through the Service and shall not be liable in any way to you or
anyone else who may use the information or content or to whom the information or
content may be furnished, for any delays, inaccuracies, unavailability, errors,
or omissions therefrom or in the transmission or delivery of all or any part
thereof or for any damage arising therefrom or occasioned thereby.

THE OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND CVS
Caremark’S OR ITS SUPPLIERS’ OR VENDORS’ CONTROL. THE OPERATION OF THE SERVICE,
WHETHER BY CVS Caremark, ITS SUPPLIERS, OR ITS VENDORS, MAY NOT BE SECURE.
SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION AND ANY
OTHER SECURITY MEASURES MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS.

WITH RESPECT TO PRODUCTS, GOODS, OR SERVICES PURCHASED THROUGH CVS Caremark’S
SUPPLIERS’ AND VENDORS’ SITES, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LAW, IN NO EVENT SHALL ANY CVS PARTY 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.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM AGGREGATE
LIABILITY OF THE CVS PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED
THE FEES PAID BY YOU SOLELY FOR THE RIGHT TO USE THE PARTICULAR INFORMATION OR
SERVICE PROVIDED BY CVS Caremark HEREUNDER OR $25, WHICHEVER IS GREATER.

You acknowledge and agree that the limitations set forth above are fundamental
elements of this Agreement and the Service would not be provided to you absent
such limitations.


INDEMNIFICATION

To the maximum extent permitted under applicable law, you hereby agree to
indemnify, defend, and hold the CVS Caremark Parties harmless from any
liability, loss, claim, and expense (including reasonable attorneys’ fees)
related to or arising out of your use of the content on the Service, any of Your
Materials, your use of the Service, your connection to the Service, your
violation of this Agreement, or your violation of any rights of another.


CHANGES TO THE SERVICE

CVS Caremark and its suppliers and vendors may change or modify the information,
services, products, materials, and any other Resources contained on or
accessible through the Service, may charge, modify, or waive any fees required
to use the Service (including any portion thereof), or discontinue the Service
altogether, at any time without notice.


YOUR OBLIGATIONS

You agree to use the Service only for lawful purposes. You agree not to
interrupt or attempt to interrupt the operation of the Service 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 Service (including by means of
hacking or defacing any portion of the Service, or by engaging in spamming,
flooding, or other disruptive activities, including with respect to the servers
or networks used to make the Service available) is prohibited. You are strictly
prohibited from communicating on or through the Service (including in connection
with any of Your Materials) any unlawful, harmful, offensive, threatening,
abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful,
fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable
material of any sort, including, but not limited to, any material that
encourages conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any applicable local, state, national, or
international law. We reserve the right to terminate or suspend your use of
(including any access to) the Service, or parts of the Service, without notice,
if we believe, in our sole discretion, that it is in violation of this
Agreement, our requirements, or any applicable law, or it is harmful to our
interests or the interests, including intellectual property or other rights, of
another user or any other third party, including any of our partners,
affiliates, sponsors, providers, licensors, or merchants.

You must not post, transmit, or otherwise make available through or in
connection with the Service 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.

You agree to provide true, accurate, current, and complete information in
connection with the Service. It is your responsibility to maintain and promptly
update this account information to keep it true, accurate, current, and
complete. If you provide any information that is fraudulent, untrue, inaccurate,
incomplete, or not current, or we have reasonable grounds to suspect that such
information is fraudulent, untrue, inaccurate, incomplete, or not current, we
reserve the right to suspend or terminate your account without notice and refuse
any and all current and future use of the Service. Because any termination of
your access to the Service may be effected without prior notice, you acknowledge
and agree that we may immediately deactivate or delete your account and all
related information and files in your account and bar any further access to such
files or the Service. Furthermore, you agree that we shall not be liable to you
or any third party for any termination of your access to your account or the
Service.

We may refuse to grant you a user ID that impersonates someone else, is or may
be illegal, is or may be protected by trademark or other proprietary rights law,
is vulgar or otherwise offensive, or may cause confusion, as determined by us in
our sole discretion. For security reasons, user IDs and passwords must be
non-obvious, hard-to-guess, confidential, and changed on a regular basis, and
you must log out at the end of each session. 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. You agree to immediately notify us of any unauthorized use of
either your user ID or password or any other breach of security. You further
agree that you will not permit others, including those whose accounts have been
terminated, to access the Service using your user ID or password. All user IDs
and passwords remain the property of CVS Caremark, and may be cancelled or
suspended at any time by CVS Caremark without any prior notice or any liability
to you or any other person. CVS Caremark is not under any obligation to verify
the actual identity or authority of the user of any user ID or password. If CVS
Caremark, in its sole discretion, considers a password to be insecure, then CVS
Caremark may cancel the password.

You must respond promptly to all email and other correspondence from CVS
Caremark, including without limitation email and correspondence concerning
complaints or concerns regarding your use of the Service and the use of your
account.

Your submission of information through the Service is governed by our Privacy
Policy for the Service, located here (“Privacy Policy”), which, among other
things, explains how we seek to protect the privacy of the personal information
that you provided to us through the Service.

When participating in surveys, contests or other promotions (collectively,
“Promotions”) offered through the Service, you are urged to review the official
rules and regulations governing those Promotions (if applicable) and the Privacy
Policy. If the rules for a Promotion conflict with this Agreement, the Promotion
rules will govern with respect to that Promotion.

You are responsible for obtaining, maintaining and paying for all hardware,
software, and all telecommunications and other services needed for you to use
the Service.


TERMINATION

This Agreement is effective until terminated by either party. If you no longer
agree to be bound by this Agreement, you must cease your use of the Service,
including any access thereto. Your use of the Service is at your sole risk. If
you are dissatisfied with the Service, its content, or any of the terms,
conditions, and policies of this Agreement, your sole and exclusive legal remedy
is to discontinue using the Service.

If you breach any provision of this Agreement, then you may no longer use the
Service.

CVS Caremark or its suppliers or vendors may at any time and for any reason,
with or without cause, and in their sole discretion, immediately: (i) suspend or
terminate (in whole or in part) your authorization to use the Service and any
membership and account you may have; (ii) suspend or terminate and permanently
delete and destroy any user ID, password, URL, IP address, or domain name; (iii)
remove from the Service and permanently delete and destroy any Materials (or any
components thereof) that you or others may have posted or submitted to the
Service (and for purposes of this Agreement, “posted” and “submitted” includes
transmission on or through the Internet and in hardcopy format through facsimile
or post) for any reason or no reason; (iv) restrict access to the Materials
posted or submitted to the Service and to any account you may have; and (v)
prohibit you from any future use of the Service; all without any prior notice or
liability to you or any other person.

If this Agreement is terminated for any reason, then: (a) this Agreement will
continue to apply and be binding upon you in respect of your prior use of the
Service (and any unauthorized further use of the Service), including payment of
any charges accrued in connection with use of the Service and your
indemnification obligations; (b) CVS Caremark may immediately remove from the
Service and permanently delete and destroy any Materials that you or others may
have posted or submitted to the Service without any prior notice or liability to
you or any other person; (c) any fees and charges previously paid by you for
unused services will not be refunded; and (d) any rights or licenses granted to
us under this Agreement will survive such termination.


PROPRIETARY RIGHTS

Subject to your compliance with this Agreement, CVS Caremark grants to you,
solely for so long as you are permitted by us to use the Service, a limited,
revocable, non-exclusive, non-transferable license to access, use, and display
the Service (including any content or other materials generally made available
through the Service to users of the Service) solely for your personal,
non-commercial use. No title, rights, or interests in any content or other
materials made available by the Service (other than Your Materials, to the
extent of your title, rights, and interests in such materials) are afforded to
you; to the extent that you are authorized to download any such materials via
the Service, any such downloaded materials will be for your own personal,
non-commercial use only.

As between you and CVS Caremark, CVS Caremark (and its suppliers and vendors)
owns the Service and all the content on the Service other than Your Materials
(to the extent that such materials do not incorporate content or information
owned by CVS Caremark or its affiliates), including text, graphics, legends,
customized graphics, original photographs, data, images, music, audio and video
clips, typefaces, titles, button icons, logos, designs, words or phrases, page
headers, and software as well as the design, coordination, arrangement,
enhancement, and presentation of such material. The Service and, other than Your
Materials (to the extent that such materials do not incorporate content or
information owned by CVS Caremark or its affiliates), all the content on the
Service is subject to trademark, service mark, copyright, and/or other
intellectual property rights held by CVS Caremark and its suppliers and vendors.
Any trademark or copyright notices may not be deleted or altered in any way. CVS
Caremark’s trademarks and copyrights may not be used in connection with any
products or services that are not offered by or on behalf of CVS Caremark, or in
any manner that is likely to cause confusion or otherwise violate our rights.
You acknowledge that these rights are valid and protected in all forms, media,
and technologies existing now or hereinafter developed.

Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting,
modifying, deleting, augmenting, distributing, downloading, storing,
reproducing, sublicensing, adapting, creating derivative works of any content
available through the Service (other than Your Materials, to the extent that
such materials do not incorporate content or information owned by CVS Caremark
or its affiliates), or posting or otherwise making available such content
(including selected portions of this content) in any manner on any network
computer, broadcast media, or other technologies existing now or hereinafter
developed for unauthorized publication or commercial use without the prior
written consent of CVS Caremark is strictly prohibited. You hereby agree not to
reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for
any purpose other than for your personal, non-commercial use the Service
(including any portion thereof) or the use (including any access to) thereof, or
to collect any information about Site visitors or users of the Service, or
otherwise systematically download and store Service content. You represent,
warrant, and agree that you will not send, submit, upload, post, reproduce,
transmit, or distribute any communication, content, or other Materials of any
type through or in connection with the Service or otherwise to CVS Caremark that
infringes or violates any rights of any party or violates this Agreement.

If you submit or otherwise provide to CVS Caremark any communications, content,
or other Materials, including, without limitation, any personal or commercial
information, idea, concept, or invention, you hereby grant to CVS Caremark an
irrevocable, unrestricted, worldwide, perpetual, sublicensable (through multiple
tiers), royalty-free license to use, reproduce, display publicly, perform,
publish, transmit, distribute, modify, create derivative works of, and otherwise
exploit such Materials in any medium and for any purpose, and you further agree
that CVS Caremark is free to (but has no obligation to) use any ideas, concepts,
or know-how that you or individuals acting on your behalf provide to CVS
Caremark in accordance with the foregoing license grant. You further irrevocably
waive any “moral rights” or other rights with respect to attribution of
authorship or integrity of materials regarding Materials, ideas, concepts, or
know-how provided to CVS Caremark that you may have under any applicable law
under any legal theory.


ELECTRONIC COMMUNICATIONS

When you send emails or other electronic messages to us or in connection with
the Service, 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.


LOCATION BASED SERVICES

If you enable location-based services on your computer or other device in
connection with your use of the Service, you expressly consent to CVS Caremark
or its suppliers or vendors collecting the precise location information of your
device. This information may be used in accordance with the Privacy Policy for
the Service. Please see the Privacy Policy for further information.


TELEPHONE, TEXT, AND FAX POLICY

By providing your residential or wireless phone and/or fax number(s) to CVS
Caremark, 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 CVS Caremark 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@cvscaremark.com with the phone and/or fax number you wish to
opt-out. Your wireless carrier’s standard message and data rates may apply.


MESSAGING TERMS & CONDITIONS

CVS Caremark or one or more of its affiliates offers access to pharmacy and
healthcare service messages via recurring SMS (Short Message Service), MMS
(Multimedia Message Service) text alerts and email alerts. Enrollment in text
alerts requires a member to provide his or her own mobile phone number with an
area code within the 50 United States or the District of Columbia. Enrollment in
email alerts requires member to provide an email address. By enrolling to
receive CVS Caremark text or email alerts, you agree to these terms and
conditions, which become effective upon your enrollment. You may be asked to
verify your mobile phone number before the service will start. This requires
responding to a text alert sent to your mobile phone confirming your enrollment
in this Service.

You acknowledge that alerts will be sent to the mobile phone number or email
address you provide to CVS Caremark. Such alerts may include personal
information about your prescriptions based on the type of information you choose
to receive via electronic communication, and whoever has access to the mobile
phone or carrier account or email address will also be able to see this
information. You acknowledge that if you elect to receive Protected Health
Information as defined in HIPAA in the form of full prescription information via
text alerts or e-mail alerts, you are (i) electing to receive such information
through an unencrypted method of communication, and that (ii) information
contained in an unencrypted e-mail and/or text message is at risk of being
intercepted and read by, or disclosed to, unauthorized third parties. Once you
enroll, the frequency of text or email alerts we send to you will vary. You will
typically receive alerts when we have information for you about your
prescriptions or other healthcare information. CVS Caremark does not impose a
separate charge for text alerts; however, your mobile carrier’s message and data
rates may apply depending on the terms and conditions of your mobile phone
contract. You are solely responsible for all message and data charges that you
incur. Please contact your mobile service provider about such charges. The
following carriers are supported: AT&T, Sprint, Boost, Verizon Wireless, U.S.
Cellular®, T-Mobile®, Cincinnati Bell, Alltel, Virgin Mobile USA, Cellular
South, Unicel, Centennial and nTelos.

You may opt out of CVS Caremark text alerts at any time. To stop receiving text
alerts, text STOP to the number upon which you are receiving text alerts.
Texting STOP to 53333, 68425, 73333, or 86053 (or the number from which you are
receiving CVS Caremark alerts) will opt you out of any and all future CVS
Caremark text messages. After you submit a request to unsubscribe, you will
receive one final text alert from CVS Caremark confirming that you will no
longer receive text alerts. No additional text alerts will be sent unless you
re-activate your enrollment in the text alert program. For questions about text
alerts, text the word Help to 53333, 73333, or 78162. Text alerts may come from
any one of these short codes and CVS Caremark may change, add or remove short
codes as necessary.

The CVS Caremark text alert programs are offered on an “as is” basis and: (1)
may not be available in all areas at all times; and (2) may not continue to work
in the event of product, software, coverage or other service changes made by
your wireless carrier. CVS Caremark may change or discontinue any of its text
alert programs without notice or liability to you. CVS Caremark and its related
companies and each of their respective officers, directors and employees are not
responsible and shall not be liable for any losses or injuries of any kind
resulting, directly or indirectly, from any CVS Caremark text alert program or
from technical failures or delays of any kind. CVS Caremark reserves the right
to cease delivery of text alerts to any person at any time in its sole
discretion.


THIRD PARTY RESOURCES

The Service 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 links and
access 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. Be aware that CVS Caremark does not control, makes no guarantees
about, and disclaims any express or implied representations or warranties about
such Third Party Resources, including without limitation the security of any
Materials, or the accuracy, relevance, timeliness, completeness, or
appropriateness for a particular purpose of the information or the resources
contained on or made available by such Third Party Resources or any other
Internet sites. We reserve the right to terminate such links or such access at
any time. The fact that the Service includes 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 at your own
risk and is subject to any additional terms, conditions, and policies applicable
to such Third Party Resources (such as Terms of Service or Privacy Policies of
the providers of such Third Party Resources).


GOVERNING LAW

This Agreement, your use of the Service, all transactions through the Service,
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. This Agreement will not be governed by the
U.N. Convention on Contracts for the International Sale of Goods.


DISPUTE RESOLUTION

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING
OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN
YOU, ON THE ONE HAND, AND CVS/CAREMARK OR ITS SUPPLIERS OR VENDORS, ON THE OTHER
HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY
OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION
BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU
AGREE THAT CVS/CAREMARK AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN
INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU
ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The
arbitration will be administered by the American Arbitration Association (“AAA”)
under its Consumer Arbitration Rules (currently available at
https://www.adr.org/node/158), as amended by this Agreement. The arbitrator will
conduct hearings, if any, by teleconference or videoconference, rather than by
personal appearances, unless the arbitrator determines upon request by you or by
us that an in-person hearing is appropriate. Any in-person appearances will be
held at a location which is reasonably convenient to both parties with due
consideration of their ability to travel and other pertinent circumstances. If
the parties are unable to agree on a location, such determination should be made
by the AAA or by the arbitrator. If you are able to demonstrate that the costs
of arbitration will be prohibitive as compared to the costs of litigation, CVS
Caremark will pay as much of your filing and hearing fees in connection with the
arbitration as the arbitrator deems necessary to prevent the arbitration from
being cost-prohibitive. The arbitrator’s decision will follow the terms of this
Agreement and will be final and binding. The arbitrator will have authority to
award temporary, interim, or permanent injunctive relief, or relief providing
for specific performance of this Agreement, but only to the extent necessary to
provide relief warranted by the individual claim before the arbitrator. The
award rendered by the arbitrator may be confirmed and enforced in any court
having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in
this Agreement will preclude you from bringing issues to the attention of
federal, state, or local agencies and, if the law allows, they can seek relief
against us for you.

With the exception of any of the language above in this Dispute Resolution
provision relating to the waiver of class and representative actions, if a court
decides that any part of this Dispute Resolution provision is invalid or
unenforceable, the other parts of this Dispute Resolution provision shall still
apply. If a court decides that any aspect of the language above in this Dispute
Resolution provision relating to the waiver of class and representative actions
is invalid or unenforceable, then the entirety of this Dispute Resolution
provision shall be null and void. The remainder of the Agreement will continue
to apply and be unaffected by this severability provision.


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 Service infringe your rights under U.S. copyright
law, you (or your agent) may send to CVS Caremark a written notice by mail,
e-mail, or fax, requesting that CVS Caremark 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
CVS Caremark a counter-notice. Notices and counter-notices must be sent in
writing and meet the then-current statutory requirements imposed by the DMCA
(see 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 CVS Caremark 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 CVS Caremark’s DMCA agent
as follows:

DMCA Agent, Legal Department
Mail: CVS Caremark, One CVS Drive, Woonsocket, R.I. 02895 Mail Code 1160
Email: DMCA@cvshealth.com
Fax: 401-765-7887

CVS Caremark’s DMCA agent can also be reached at the following phone number:
401-765-1500.


FORWARD-LOOKING STATEMENTS

The Service may contain or make available forward-looking statements within the
meaning of the federal securities laws. In addition, CVS Health Corporation and
its subsidiaries, including CVS Caremark (collectively, “CVS Group”), and its
and their representatives may, from time to time, make written or verbal
forward-looking statements, including statements contained in CVS Health
Corporation’s filings with the U.S. Securities and Exchange Commission (“SEC”)
and in the CVS Group’s reports to stockholders, press releases, webcasts,
conference calls, meetings, and other communications. Generally, the inclusion
of the words “believe,” “expect,” “intend,” “estimate,” “project,” “anticipate,”
“will,” “should,” and similar expressions identify statements that constitute
forward-looking statements. All statements addressing operating performance of
CVS Health Corporation or any subsidiary, events, or developments that the CVS
Group expects or anticipates will occur in the future, as well as statements
expressing optimism or pessimism about future operating results or events, are
forward-looking statements within the meaning of the federal securities laws.
The forward-looking statements are and will be based upon management’s
then-current views and assumptions regarding future events and operating
performance, and are applicable only as of the dates of such statements. The CVS
Group undertakes no obligation to update or revise any forward-looking
statements, whether as a result of new information, future events, or otherwise.
By their nature, all forward-looking statements involve risks and uncertainties.
Actual results may differ materially from those contemplated by the
forward-looking statements for a number of reasons as described in CVS Health
Corporation’s SEC filings, including those set forth in the Risk Factors section
of CVS Health Corporation’s current Form 10-K filed with the SEC. There can be
no assurance that CVS Health Corporation has correctly identified and
appropriately assessed all factors affecting its business. Additional risks and
uncertainties not presently known to CVS Health Corporation or that it currently
believes to be immaterial also may adversely impact the CVS Group. Should any
risks and uncertainties develop into actual events, these developments could
have a material adverse effect on the CVS Group’s business, financial condition,
and results of operations. For these reasons, you are cautioned not to place
undue reliance on the CVS Group’s forward-looking statements.


GENERAL INFORMATION

In addition to the rights and privileges described in the terms, conditions, and
policies outlined above, we further reserve the right to elect to electronically
monitor areas of the Service and may disclose any content, records, or
electronic communication of any kind if required to do so by any law,
regulation, or government request, if we believe that such disclosure is
necessary or appropriate to operate the Service, or to protect our rights or
property, or the rights of the users, partners, affiliates, sponsors, providers,
licensors, or merchants. If alerted to allegedly infringing, defamatory,
damaging, illegal, or offensive content, we may investigate the allegation and
determine in our sole discretion whether to remove or request the removal of
such content from the Service.

We control the Service from our corporate offices within the United States of
America, and the Service is not intended to subject CVS Caremark to any non-U.S.
jurisdiction or law. By using (including any access to) the Service you agree
that such use (including any such access) is subject to the terms, conditions,
and policies of this Agreement as well as applicable laws. The Service may not
comply with legal requirements of foreign countries. Other countries may have
laws, regulatory requirements, and medical practices that differ from those in
the United States of America. Any portion of the Service or any other product or
service provided by CVS Caremark is void where and to the extent prohibited by
law, and you may not use the Service where it would be illegal to do so. We may
limit the availability of the Service at any time, in whole or in part, to any
person, geographic area, or jurisdiction that we choose.

Our failure to insist upon strict performance of any provision of this Agreement
shall not be construed as an implicit waiver of any provision or right.

If any part of this Agreement is ruled to be unenforceable, then such part shall
be severed, with the remainder of the Agreement remaining in full force and
effect. This Agreement constitutes the entire agreement between you and CVS
Caremark governing your use of the Service. You may not assign, transfer, or
sublicense any or all of your rights or obligations under this Agreement without
our express prior written consent. We may assign, transfer, or sublicense any or
all of our rights or obligations under this Agreement without restriction.

We hereby notify you that parental control protections (such as computer
hardware, software, or filtering services) are commercially available that may
assist you in limiting access to material that is harmful to minors. Information
identifying current providers of such protections is available from
https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.
Please note that CVS Caremark does not endorse any of the products or services
listed on such site.

California residents may reach the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs by mail at
1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254
or (800) 952-5210.


CONTACT US

If you have a question or complaint regarding the Service, please see here for
information on how to contact us, or write to us as follows:

CVS Caremark Research Team
P.O. Box 832407
Richardson, TX 75083





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