Effective Date: June 6, 2024
This Privacy Policy describes how myPBM™ (“CVS Caremark,” “we” or “us”) may collect information about
you through your interactions with us on our websites and mobile applications (collectively, the
“Services”). By using the Services, you agree to the terms of this Privacy Policy. If you have any
questions or concerns about this Privacy Policy, or about the way your information is collected and
used, please call us toll-free at (800) 841-5550.
We may change this Privacy Policy. The “Effective Date” legend at the top of this page indicates when
this Privacy Policy was last revised. Any changes will become effective when we post the revised
Privacy Policy on the Services. Your use of the Services following these changes means that you accept
the revised Privacy Policy.
Who May Use the Service
Our Service is not intended for children under the age of 18, and therefore, we do not knowingly
collect personal information online from any person we know to be under the age of 18 and instruct
users under 18 not to send us any information to or through the online Service.
The online Services are designed for users from, and are controlled and operated by us from, the
United States. By using the Services, you consent to the transfer of your information to the United
States or storage of your information in the United States, which may have different data protection
rules than those of your country.
The Personal Information We Collect
We want you to understand how personal information you provide to us is collected and used. Personal
information is any information that we can use to identify, locate, or contact you. We may collect and
store your personal information when you provide it to us or to our service providers. Some examples
of personal information we collect and when we collect it include:
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Registration: We collect your personal information when you register on the
Services.
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Contact Information: We collect personal information from users of the Services.
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Device Information: We may automatically collect certain personal device
information such as device locale, cellular carrier, device manufacturer and device model for
purposes of diagnosing problems and to ensure services function properly.
If you choose not to provide your personal information to us, we may not be able to provide you
with requested products, services or information.
Use and Disclosure of Personal Information
We use your personal information to respond to your requests, such as, send you email alerts, send you
newsletters, and to provide you with related customer service. We may also use your information to
send administrative information to you.
We may use your personal information to personalize your experience on the Website and when
interacting with us, including by presenting products and offers tailored to you, and for our business
purposes, such as data analysis, audits, fraud monitoring and prevention, developing our Services and
new products and services, determining the effectiveness of our educational, awareness or promotional
campaigns, and operating and expanding our business activities.
In the event that CVS Caremark or some or all of our business, assets or stock are sold or transferred
(including in connection with any bankruptcy or similar proceedings) or used as security, or to the
extent we engage in business negotiations with third parties, personal information may be transferred
to or shared with third parties as part of any such transaction or negotiation.
To the extent permitted by applicable law, we may provide personal information to our affiliated
businesses or to our business partners, who may use it to send you marketing and other communications.
We may disclose personal information to our service providers, who provide services such as website
hosting, data analysis, payment processing, order fulfilment, information technology and related
infrastructure provision, customer service, email delivery, auditing, and other services.
If we are requested by law enforcement officials or judicial authorities to provide personal
information, we may do so. In matters involving claims of personal or public safety or in litigation
where the information is pertinent (including to allow us to pursue available remedies or limit the
damages that we may sustain), we may use or disclose personal information, including without court
process. We may also use or disclose personal information to enforce our terms and conditions, to
protect our operations or those of any of our affiliates, or to protect our rights, privacy, safety or
property and/or that of our affiliates, you, or others.
We may use and disclose personal information to investigate security breaches or otherwise cooperate
with authorities pursuant to a legal matter.
We may use and disclose information that does not personally identify you (including the information
described under "Cookies and Other Technologies," below) for any purpose, except to the extent limited
by applicable law. If we are required to treat such information as personal information under
applicable law, then we may use it for all the purposes for which we use and disclose personal
information.
We may combine information that does not personally identify you with personal information. If we do,
we will treat the combined information as personal information as long as it is combined.
Links
The Services may contain links to, or otherwise make available, third-party websites, services, or
other resources not operated by us or on our behalf ("Third Party Services"). These links are provided
as a convenience only and do not constitute an affiliation with, endorsement or sponsorship of the
Third Party Services. Specifically, the tools and resources section available on the site in
connection with the Services are links to Third Party Services.
Any information you provide to such third parties is not subject to the terms of this Privacy Policy,
and we are not responsible for the privacy or security of the information you provide to them or their
handling of your information. We recommend that you review the privacy policy of any third party to
whom you provide personal information online.
In addition, we are not responsible for the information collection, use, disclosure, or security
policies and practices of other organizations, such as Apple, Google, Microsoft, RIM, or any other app
developer, app provider, operating system provider, wireless service provider, or device manufacturer.
Security
We seek to use reasonable physical, technical, and administrative safeguards to protect personal
information within our organization. Unfortunately, no data transmission or storage system can be
guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer
secure (for example, if you feel that the security of your account with us has been compromised),
please immediately contact us in accordance with the "Contact Information" section below.
You are responsible for maintaining the confidentiality of your Services access information and
password and for restricting access to your device, and you agree to accept responsibility for all
activities that occur under your password.
Cookies and Other Technologies
Like many other websites and online services, we collect information about the Services’ traffic and
usage patterns through the use of cookies, Web server logs, web beacons and other, similar
technologies. We use this information for various purposes, such as to ensure that the Services
function properly, to facilitate navigation, to personalize your experience, to understand use of the
Services, to diagnose problems, to measure the success of our marketing campaigns and to otherwise
administer the Services.
Cookies are small computer files we transfer to your computer's hard drive. These small text files
help us personalize content on our pages and provide programs like e-coupons. Your browser software
can be set to reject or accept cookies. Instructions for resetting the browser are available in the
Help section of most browsers.
Our use of cookies also allows us to collect and retain certain information about a website user, such
as the type of Web browser used by our customer. Reviewing our Web server logs and our customers' use
of our site helps us to, among other purposes, statistically monitor how many people are using our
site and for what purpose.
Your IP address is a number that is automatically assigned to the computer that you are using by your
Internet Service Provider. An IP address may be identified and logged automatically in our server log
files whenever a user accesses the Services, along with the time of the visit and the page(s) that
were visited. Collecting IP addresses is standard practice and is done automatically by many websites,
applications and other services. We use IP addresses for purposes such as calculating usage levels of
the Services, helping diagnose server problems, and administering the Services.
Tracking/Third-Party Advertisers
We do not respond to browser do-not-track signals.
We may use analytics providers that use cookies, pixel tags and other, similar technologies to collect
information about your use of the Services and your use of other websites or online services.
Fraudulent Sites, Spam & Phishing
Please be aware that there may be fraudulent websites that illegally use CVS Caremark logos, and other
aspects of the CVS Caremark brand. CVS Caremark is in no way associated with any fraudulent websites.
These sites may circulate their presence on the internet via spam email, or through fraudulent
phishing practices.
These sites have not been authorized by CVS Caremark to use our name and we work aggressively to
identify their source and have them shut down. If you are in receipt of this type of spam email, to
help protect your privacy you should avoid replying to it or forwarding it to other people.
In addition to our official websites, CVS Caremark works with a number of third parties that host
websites and micro-sites that provide information and services to our customers. If you are concerned
that a website or an email may be fraudulent, please contact us by phone at (800) 841-5550 with your
concerns.
Your Choices and Access
You can request the removal or modification of the personal information you have provided to us by
sending an email to the appropriate area under "Contact Us". For your protection, we may only
implement requests with respect to the personal information associated with the particular email
address that you use to send us your request, and we may need to verify your identity and obtain
information on the context in which you provided your personal information before implementing your
request. We will try to accommodate your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping purposes. There may also
be residual information that will remain within our databases and other records, which will not be
removed.
California Shine the Light Law
If you are our customer and a California resident, you may request that we provide you with certain
information about the entities with which we have shared our customers' personal information for
direct marketing purposes during the preceding calendar year. To do so, please write to us at
PrivacyOffice@cvshealth.com.
Your Responsibility
By establishing a myPBM™ account, you agree that it is your
responsibility to:
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Authorize, monitor, and control access to and use of your myPBM™ account, User ID and password.
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Promptly inform us of any need to deactivate a password or an account by calling Customer Service at
(800) 841-5550.
Contact Information
If you have any questions or concerns about this statement, or about the way your information is
collected and used, please call us toll-free at (800) 841-5550.
If you have any questions about the content of this Privacy Policy, please contact the CVS Health
Privacy Office at the following address:
CVS Health
Attn: Privacy Office
1 CVS Drive
Woonsocket, R.I. 02895
(800) 841-5550
Last Updated: June 6, 2024
Please read this Agreement carefully and completely before using myPBM™, currently located at
mypbm.caremark.com, (the “Site”) or any services or information provided through or in connection with
the Site or by CVS Caremark or one of its subsidiaries or affiliates (together with the Site,
collectively, the “Service”). By clicking “I Accept” to this Agreement, or by using the Service
(including any access to the Service), you expressly agree to be bound by this Agreement, by and
between you and CVS Caremark (“CVS Caremark,” “us” or “we”), 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. This Agreement does not govern your use of other sites or apps (including
services on other sites or apps) operated by CVS Caremark or its affiliates, such as www.caremark.com
(the use of which is governed by separate Terms of Use currently available
here), www.cvshealth.com (the use of which is governed by separate Terms of Use currently available
here). 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, to certain of its clients and third party consultants,
including the client that employs or contracts you (“Your Company”) subject to your agreement to the
terms and conditions of this Agreement as well as the underlying contractual provisions between CVS
Caremark and Your Company.
By using the Service, you affirm that you are of legal age to enter into this Agreement and are an
authorized user of the Service as a representative from Your Company.
We may update this Agreement by notifying 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 should 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 any such updates.
SERVICES PROVIDED
CVS Caremark directly, or indirectly through an unaffiliated Internet service provider, shall provide
you with electronic access, through your computer or other electronic device (collectively
“Computer”), to the Information and Services provided on the Site, including myPBM, a gateway for CVS
Caremark PBM, client, and third party consultant users to login and gain access to additional
applications within the myPBM ecosystem.
ACCESS CODES AND REGISTRATION
You may be asked to supply a user name (“User Name”) and/or password (“Password”) and other
information, or a User Name and/or Password may be created for you (the User Name and Password are
hereafter referred to as “Access Codes”) to register to use all or part of the Service. We may refuse
to grant you a User Name 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 Names 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. The Access Codes are for your personal use only. You are responsible for
maintaining the confidentiality of the Access Codes, and agree not to provide them to any third party.
You are fully responsible for all activities, statements made and acts or omissions that occur while
your Access Codes are being used, and in connection with your User Name or Password such that, for all
purposes under this Agreement, any activities in connection with your User Name or Password will be
deemed to be your activities.. You are responsible for any breach of security caused by your failure
to maintain the confidentiality of your Access Codes. You agree to notify CVS Caremark immediately in
the event of loss or theft of your Access Codes, or if you believe the confidentiality of your Access
Codes has been compromised in any way, or in the event of your learning about a possible or actual
unauthorized use of the Service, or any other breach of security. CVS Caremark reserves the right to
revoke your Access Codes at any time without prior notice. You further agree that you will not permit
others, including those whose accounts have been terminated, to access the Service using your User
Name or Password. All User Names 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 emails and other correspondence from CVS, including without
limitation email and correspondence concerning complaints or concerns regarding your use of the
Service and the use of your account.
In order to access the Site, you may be required to provide certain information (including
identification and contact details) as part of the registration process or as part of your continued
use of the Site. You represent and warrant that any and all information you give CVS Caremark during
registration and in connection with any and all other uses of the Site is true, accurate, complete, up
to date, and is not false, misleading, or otherwise a misrepresentation of your identity or
impersonation of any other person or entity. You must inform CVS Caremark promptly of any updates so
that we can keep you informed of any changes to the Service or this Agreement, which may impact your
use of the Service.
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 Information, content or other materials
generally made available through the Service to users of the Service) solely for Your Company’s use.
No title, rights, or interests in any downloaded materials from the Service are afforded you as a
result of such downloading for personal, non-commercial use.
As between you and CVS Caremark, CVS Caremark owns the Service and all the content on the Service,
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 this material. The Service and 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. 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, or posting this content or 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 commercial purposes any portion of the
Service, use of the Service, or access to the Service, or to collect any information about Site
visitors or users of the Service, or otherwise systematically download and store Service content. You
agree that you will not send, upload, post, reproduce, transmit or distribute any communication,
content or Material of any type through the Service or otherwise to CVS Caremark that infringes or
violates any rights of any party or violates this Agreement or the underlying agreement between Your
Company and CVS Caremark.
If you submit or otherwise provide to CVS Caremark any communications, content or Material, including,
without limitation, any personal or commercial information, idea, concept or invention, you hereby
irrevocably grant to CVS Caremark an unrestricted, worldwide, perpetual, sublicensable (through
multiple tiers), royalty-free license to use, reproduce, display publicly, perform, publish, transmit,
distribute and otherwise exploit such Materials in any medium and for any purpose, and you further
agree that CVS Caremark is free 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.
USAGE RULES AND REQUIREMENTS
You may not (a) submit any automated or recorded requests to the Site or the Service unless otherwise
approved by CVS Caremark; or (b) decompile, disassemble, reverse engineer, or otherwise attempt to
derive, reconstruct, identify, or discover any source code, underlying ideas, or algorithms of the
Service by any means, except to the extent that the foregoing restriction is prohibited by applicable
law. You agree to use the Services 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 use the Service (including by
means of hacking or defacing any portion of the Service, or by engaging in spamming, flooding, or
other disruptive activities) will not be tolerated and is prohibited. You are strictly prohibited from
communicating on or through the Service (including in connection with any 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 access to and use of
the Service, or parts of the Service, without notice, if we believe, in our sole discretion, that it
is in violation of any applicable law or it is harmful to our interests or the interests, including
intellectual property or other rights, of another user or other third party 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, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program
that is or 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.
UPLOADS
The Site and the Service may provide functionality through which, or in connection with which, you are
able to upload or otherwise transmit or provide information or materials (such as user names,
passwords, contact information, comments, or other personal or other data, text, photographs, and
images) in connection with your use of the Site or the Service, regardless of whether such information
or materials are made available publicly or with password protection (collectively, “Uploads”). You
may also elect to provide or make available to CVS Caremark suggestions, comments, ideas,
improvements, or other feedback or materials, whether related to the Site or the Services or otherwise
(collectively, “Suggestions”).
You hereby grant to CVS Caremark and its affiliates, representatives, and assigns an irrevocable,
perpetual, non-exclusive, fully-paid, world-wide license (sublicensable through multiple tiers) to
use, analyze, distribute, reproduce, modify, adapt, derive, publish, translate, publicly perform,
publicly display, and otherwise exploit your Uploads and Suggestions (in whole or in part), in any
format or medium now known or later developed for any purpose, whether in connection with the Site or
the Services or otherwise.
You agree that you are solely responsible for all of your Uploads and Suggestions. CVS Caremark is not
responsible for any loss, theft or damage of any kind to any Uploads, or Suggestions. You represent
and warrant that: (a) you own all rights in your Uploads and Suggestions or, alternatively, you have
acquired all necessary rights in your Uploads and Suggestions to enable you to grant to CVS Caremark
all of the rights described herein; and (b) your Uploads and Suggestions do not infringe the
intellectual property rights, privacy, or any other legal or moral rights of any third party. You
further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship
or integrity of materials regarding each Upload or Suggestion that you may have under any applicable
law under any legal theory.
None of the Services are 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 Uploads prior to
posting, uploading, or otherwise submitting such Uploads through the Services.
PRIVACY
Your submission of information through the Services is governed by our applicable
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. If you give us the personal information of others in connection
with the Service, you represent that you have the right to do so. And you permit us to use the
information in accordance with the Privacy Policy. CVS Caremark may disclose your information to
comply with applicable rules, orders, subpoenas or other legal process, or in order to give
information to any government agency or official requesting such information.
RESPONSIBILITY FOR HARDWARE, SOFTWARE, TELECOMMUNICATIONS AND OTHER SERVICES
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.
In particular, you acknowledge that by using the internet to use the Site or the Service, you may
incur charges from your wireless carrier, internet service provider, or other method of internet
access, and that payment of any such charges will be your sole responsibility. CVS Caremark does not
control wireless or internet access. Your use of these networks may not be secure and may expose your
information sent over such networks.
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.
PROHIBITED COMMUNICATIONS
CVS Caremark may, but is not obligated to, monitor or review (i) any areas on the Site where users
transmit or post communications or communicate solely with each other, and/or (ii) the content of any
such communications. CVS Caremark, however, has no liability related to the content of any such
communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or
otherwise. The posting or transmitting to or from this Site any unlawful, threatening, libelous,
defamatory, obscene, pornographic or other material that would violate any law is strictly prohibited.
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 Service, regardless of whether such information is
posted publicly or with password protection.
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.
CVS CAREMARK 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 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 NOR ITS SUPPLIERS OR VENDORS CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SERVICE, 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
SERVICE.
DISCLAIMER OF WARRANTY
Although CVS Caremark reserves the right to correct any errors, omissions, or inaccuracies, 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 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.
CVS CAREMARK further disclaims any responsibility for the accuracy, reliability, currency,
availability, or completeness of any Resources found on any third-party sites that link to or from the
Service. CVS CAREMARK also does not accept any responsibility for technical failures or for
unauthorized access of user transmissions or Materials by third parties.
CVS CAREMARK and its suppliers and vendors will attempt to keep the information, services and
resources accessible through the Site timely and accurate, but make no guarantees, and disclaim any
implied warranty or representation about the Site’s accuracy, relevance, timeliness, completeness,
reliability, security or appropriateness for a particular purpose.
Your access and use of 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 about the Service's accuracy, relevance, timeliness, completeness,
reliability, security or appropriateness for a particular purpose.
CVS CAREMARK AND ITS SUPPLIERS AND VENDORS DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES REGARDING THE INFORMATION, CONTENT, SERVICES, 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. 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 goods, services, or information or other materials purchased or obtained
through the Service will meet your expectations, or that any password protection or other security
measures for Materials that you may use or allow others to use in connection with the Service will
prevent unauthorized access to such Materials, or that any such Materials will not be accessed or
misused by any other party.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY 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
DIRECT, 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, or completeness of
any information or content on this or any other Internet sites 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 YOU MAY
USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR
SUBMITTED TO THE SERVICE.
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
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, or any Materials that you submit, post, or transmit through the
Service, your use of the Service, your connection to the Service, your violation of this Agreement, or
your violation of any rights of another.
THIRD PARTY RESOURCES
The Service may contain links to, or otherwise make available, third-party sites, services, products,
information, content, materials, 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
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
Service or Privacy Policies of the providers of such products, services or materials). CVS Caremark is
not responsible for the privacy and security of any information you share with that Third Party. When
you elect to receive these services from a Third Party, you agree to hold CVS Caremark harmless for
any unauthorized use or disclosure of your personal information.
CONFIDENTIALITY
You acknowledge that the information located on the Site is proprietary and confidential information
of CVS Caremark and You hereby agree not to share such information with third parties except as
authorized by Your Company’s agreement with CVS Caremark. This information is Confidential Information
and is subject to any confidentiality terms and any other relevant contractual obligations related to
confidential and proprietary information contained in any and all agreements between you, Your
Company, and CVS Caremark and its subsidiaries and affiliates. CVS Caremark may disclose user
Information (a) to comply with applicable rules, orders, subpoenas or other legal process, or in order
to give information to any government agency or official requesting such information.
GOVERNING LAW AND JURISDICTION
This Agreement, your use of the Information and Services, all transactions through this Site and the
Service, and all related matters, regardless of your location, are governed solely by, and construed
solely in accordance with, (a) the underlying contractual agreement between Your Company and CVS
Caremark; or (b) only if no such underlying contractual agreement between Your Company CVS Caremark
exists, then the laws of the State of New York, excluding any rules of private international law or
the conflict of laws which would lead to application of any other laws.
DISPUTE RESOLUTION
All disputes arising out of or related to use of the Site shall be governed by the underlying
contractual agreement between Your Company and CVS Caremark, if such agreement exists.
NO WAIVER OF RIGHTS
CVS Caremark’s failure to exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision.
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.
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. 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 its 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 (iv) 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); (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.
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 accessing and using
the Service you agree that such access and use is subject to the terms, conditions, and policies of
this Agreement as well as applicable laws. 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.
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.
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. 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.
