Effective Date: 1/1/2020
Please read this Agreement carefully and completely before using CVSKidneycare.com (collectively, the “Site”) or any services or goods provided through or in connection with the Site or by CVS Kidney Care, LLC (“CVS Kidney Care,” “us” or “we”) or one of its subsidiaries or affiliates (together with the Site, collectively, the “Service”). By clicking “I Accept” 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 Kidney Care, which incorporates by this reference any additional terms and conditions posted by CVS Kidney Care through the Site, or otherwise made available to you by CVS Kidney Care. This Agreement does not govern your use of other sites or apps (including services on other sites or apps) operated by CVS Kidney Care, such as CVS.com/MinuteClinic, CVS.com, CVS.com/Photo and http://Optical.CVS.com (the use of which is governed by separate terms and conditions, which are available at CVS.com/MinuteClinic/Info/Terms-Use and CVS.com/Help/Terms_of_Use.jsp. The information and resources contained on and accessible through the Service are made available by CVS Kidney Care 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 and will notify you of such updates by any reasonable means, including by posting the updated Agreement to the Site. Any changes to 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.
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 to be a guide to self-medication or 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 — only a health care provider can do that. The Service and its health-related information and resources are not intended to be, 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 Kidney Care 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 on 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. IF YOU ARE EXPERIENCING A MEDICAL CRISIS, PLEASE CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.
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 Kidney Care 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 Kidney Care either orally or in writing shall create such a warranty.
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 Kidney Care 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 Kidney Care or its supplier or vendor sends an order acceptance and shipping notice email to your email address.
Price (including the validity of any discount), quantity, availability of any product or service, and shipping methods as well as shipping rates and any other information, descriptions or images on 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 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 nonprescription order and/or product returns may incur a restocking fee. In general, offers on 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 on 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 credit 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 you do not pay the amount due, CVS Kidney Care may, in addition to its other remedies and at its sole discretion and without notice to you, (i) suspend its performance under this Agreement and your access to and use of the Service, or (ii) terminate this Agreement and your access to and use of the Service. If legal action is necessary to collect fees or charges due from you, then you will reimburse CVS Kidney Care for all expenses incurred in collecting the fees and charges, including all attorney fees and other legal expenses.
For purposes of this Agreement, “Materials” includes user IDs, email addresses, passwords, comments, photographs, images, graphics, text, data and any other forms of materials or information you submit through or 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 (including any photos, as applicable) prior to posting, uploading or otherwise submitting such Materials through the Service.
CVS Kidney Care 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 Kidney Care and its suppliers and vendors take any remedial action that they consider, in their sole discretion, to be appropriate.
NEITHER CVS KIDNEY CARE 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.
Although CVS Kidney Care 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 online shopping services.
CVS Kidney Care 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 Kidney Care 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, including the weekly circular ads available online. CVS Kidney Care also does not accept any responsibility for technical failures or for unauthorized access of user transmissions or Materials by third parties.
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 Kidney Care and its suppliers and vendors will attempt to keep the information, services and resources accessible through the Service timely and accurate, but we make no guarantees, and we disclaim any implied warranty or representation about the Service’s accuracy, relevance, timeliness, completeness, reliability, security or appropriateness for a particular purpose.
CVS KIDNEY CARE 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. 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 Kidney Care makes no representation or warranty that the quality of any goods, services, 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CVS KIDNEY CARE OR ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS OR PARTNERS (COLLECTIVELY, “CVS 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 Kidney Care 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 KIDNEY CARE’S OR ITS SUPPLIERS’ OR VENDORS’ CONTROL. THE OPERATION OF THE SERVICE, WHETHER BY CVS KIDNEY CARE, 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 PEOPLE TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE.
WITH RESPECT TO PRODUCTS, GOODS OR SERVICES PURCHASED THROUGH CVS KIDNEY CARE’S SUPPLIERS’ AND VENDORS’ SITES, 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.
ANY LIABILITY ON THE PART OF THE CVS PARTIES, IN THE AGGREGATE, SHALL NOT EXCEED (i) THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED OR (ii) $25, WHICHEVER IS GREATER.
You acknowledge and agree that the limitations set forth above are fundamental elements of this Agreement and that the Service would not be provided to you absent such limitations.
You hereby agree to indemnify, defend and hold the CVS 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.
CVS Kidney Care 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, or discontinue the Service altogether, at any time without notice.
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 will not be tolerated, including by means of hacking or defacing any portion of the Service or by engaging in spamming, flooding or other disruptive activities. 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 discriminatory, ethnically discriminatory 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 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 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 if 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.
You may be asked to supply a user ID and password and other information to register to use all or part of 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 Kidney Care and may be cancelled or suspended at any time by CVS Kidney Care without any prior notice or any liability to you or any other person. CVS Kidney Care is not under any obligation to verify the actual identity or authority of the user of any user ID or password. If CVS Kidney Care, in its sole discretion, considers a password to be insecure, then CVS Kidney Care may cancel the password.
You must respond promptly to all email and other correspondence from CVS Kidney Care, including, without limitation, email and correspondence concerning complaints or concerns regarding your use of the Service and the use of your account.
When participating in sweepstakes or contests offered through the Service, you are urged to review the official rules and regulations governing those promotions. All Materials submitted as part of a contest will be governed by contest rules published with the contest.
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.
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 Kidney Care 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: (i) this Agreement will continue to apply and be binding upon you in respect to 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; (ii) CVS Kidney Care 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, and it may do so without any prior notice or liability to you or any other person; (iii) any fees and charges previously paid by you for unused services will not be refunded; and (iv) any rights or licenses granted to us under this Agreement will survive such termination.
Subject to your compliance with this Agreement, CVS Kidney Care 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 downloaded materials from the Service are afforded you as a result of such downloading for personal, non-commercial use.
As between you and CVS Kidney Care, CVS Kidney Care (and its suppliers and vendors) 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 Kidney Care and its suppliers and vendors. Any trademark or copyright notices may not be deleted or altered in any way. CVS Kidney Care trademarks and copyrights may not be used in connection with any products or services that are not offered by or on behalf of CVS Kidney Care. 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 Kidney Care 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 Kidney Care that infringes or violates any rights of any party or violates this Agreement.
If you submit or otherwise provide to CVS Kidney Care any communications, content or Material, including, without limitation, any personal or commercial information, idea, concept or invention, you hereby irrevocably grant to CVS Kidney Care 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 Kidney Care is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide CVS Kidney Care 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 Kidney Care that you may have under any applicable law under any legal theory.
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.
By providing your residential or wireless phone and/or fax number(s) to CVS Kidney Care, 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 Kidney Care 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 1-877-265-2711 (TTY: 711) or faxing your opt-out request to 1-401-652-0893. You may also send an opt-out request via email to firstname.lastname@example.org with the phone and/or fax number you wish to opt out. Your wireless carrier’s standard message and data rates may apply.
CVS Kidney Care or one or more of its affiliates (CVS Kidney Care) offers access to pharmacy and health care service messages via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts. Enrollment in text alerts requires a patient to provide his or her own mobile phone number with an area code within the 50 United States or the District of Columbia. By enrolling to receive CVS Kidney Care text 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 text alerts will be sent to the mobile phone number you provide to CVS Kidney Care. Such alerts may include limited personal information about your prescriptions, and whoever has access to the mobile phone or carrier account will also be able to see this information. Once you enroll, the frequency of text alerts we send to you will vary. You will typically receive text alerts when we have information for you about your prescriptions or other health care information. CVS Kidney Care 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 Kidney Care text alerts at any time. To stop receiving text alerts, text STOP to CVSTXT (287898). Texting STOP to CVSTXT (287898) will opt you out of any and all future CVS text messages. After you submit a request to unsubscribe, you will receive one final text alert from CVS confirming that you will no longer receive text alerts. No additional text alerts will be sent unless you re-activate your enrollment. If you have questions about text alerts, text the word Help to CVSTXT (287898) or contact CVS Kidney Care at 1-877-265-2711 (TTY: 711). You also can change your text alert preferences on CVS.com if you have an account with prescription management. Sign in and go to your pharmacy main page. Click on the On/Off button in the Pharmacy Messages section to change your preferences.
The CVS Kidney Care text alert programs are offered on an “as is” basis and: (i) may not be available in all areas at all times; and (ii) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. CVS Kidney Care may change or discontinue any of its text alert programs without notice or liability to you. CVS Kidney Care 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 Kidney Care text alert program or from technical failures or delays of any kind. CVS Kidney Care reserves the right to cease delivery of text alerts to any person at any time, in its sole discretion.
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 resources 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 Kidney Care 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, including the weekly circular ads available online, 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 Kidney Care is not responsible for the privacy and security of any information you share with that Third Party, including your credit card or payment information. For example, our Teladoc virtual session services are provided by Teladoc Health Inc. When you elect to receive these services from a Third Party, you agree to hold that Third Party responsible for any unauthorized use or disclosure of your personal information.
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 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.
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 KIDNEY CARE 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 KIDNEY CARE 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/sites/default/files/Consumer_Rules_Web_0.pdf), 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 that 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 Kidney Care 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.
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 Kidney Care a written notice by mail, email or fax, requesting that CVS Kidney Care 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 Kidney Care a counternotice. Notices and counternotices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see copyright.gov for details), which, with respect to notices of infringement, currently include, among other requirements, the following:
i. Sufficient information identifying the copyrighted work(s) believed to be infringed
ii. Sufficient information identifying the allegedly infringing material(s) and the location of such material(s) in order to permit CVS Kidney Care to locate such material(s)
iii. A signed statement (an electronic signature is acceptable) from the owner (or the owner’s authorized representative) delineating which copyrighted work(s) he or she believes are being infringed and indicating that he or she has a good faith belief that the allegedly infringing materials are being used in a manner not authorized by the copyright owner, its agent or the law
iv. Contact information for the complaining party, including a mailing address, a telephone number and, if available, an email address
v. A statement indicating 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
Notices and counternotices must be sent in writing to the CVS Kidney Care DMCA agent as follows:
DMCA Agent, Legal Department
The CVS Kidney Care DMCA agent can also be reached at the following phone number: 401-765-1500 (TTY: 711)
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 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 Kidney Care 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 on 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 Kidney Care 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, and these 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 Kidney Care does not endorse any of the products or services listed on such site.
If you have a question or complaint regarding the Service, please contact us or write to us at:
CVS Health Corporation
1 CVS Drive
Woonsocket, RI 02895
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 (TTY: 711) or (800) 952-5210 (TTY: 711).
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 (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 the operating performance of CVS Health Corporation or any subsidiary, and 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 on 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.
Links to various non-CVS Kidney Care sites are provided for your convenience only. CVS Kidney Care and its subsidiary companies are not responsible or liable for the content, accuracy, or privacy practices of linked sites, or for products or services described on these sites.
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