with a change in the law or to reflect changes to the Service. If we make a material
change, we will use a reasonable way to notify you, and we will post the revised Terms
of Use on the Service. You are responsible for periodically reviewing these Terms of
Use to make sure that you still agree to them. If you use the Service after we have
notified you of any changes, then you agree to the changes. The “last updated” notice
will not apply to any dispute between you and SilverScript that arose before the
or part of the Service without prior notice to you.
2. Medicare Part D.
The Service is subject to Medicare laws and regulations. In the event that there
3. Information Collection.
applies to information that we collect from you when you use the Service. You agree
that the information you give us is true and that you will update it if it changes.
4. Jurisdictional Issues.
The Service is controlled and operated from the United States and is not intended
to subject us to any non-U.S. jurisdiction or law. The Service may not be appropriate
or available for use in some non-U.S. jurisdictions. Any use of the Service is at
your own risk, and you must comply with all applicable laws, rules, and regulations
in doing so. We may limit the Service’s availability at any time, in whole or in part,
to any person, geographic area, or jurisdiction that we choose.
5. Your Conduct.
When you use the Service, you will not:
- Post, send, or use any virus or other computer code, file, or program that may be harmful to the Service or to our systems or property.
- Use the Service for any commercial (rather than personal) purpose.
- Use the Service in a way that is fraudulent or that otherwise violates the law.
- Collect information about other users.
- Interfere with the operation of the Service.
- Prevent any person from using the Service.
- Try to take apart the Service or any part of it, except where the law does not allow us to prohibit you from doing so.
- Remove any copyright, trademark, or other notice of ownership from the Service. These notices include, for example: ®, ™, and ©.
- Include any part of the Service in any product or service.
- Systematically download and store Service content.
- Use any robot, spider, site search/retrieval application, or other device to “scrape” or otherwise collect Service content, or copy or seek to get around the navigational structure or presentation of the Service.
You are responsible for obtaining and paying for the devices, Internet connection, and any other equipment or services you need to use the Service.
6. Your User Name and Password.
You may need to register to use the Service. We may reject, or require that you change,
any user name, password, or other information that you give us when you register. Your user
name and password are for your own use only, and you should not share them with any other
person. We are not responsible for any use of your user name or password that is caused by
your failure to keep such information confidential. You must tell us right away if you learn
of any use of your user name or password by another person.
We may make available the ability to make a premium or other payment through the Service
"). If you wish to make a Transaction, you may be asked to supply certain
relevant information, such as your credit card number and its expiration date and your billing
address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT
IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to
provide such information to third parties for purposes of facilitating Transactions. Verification
of information may be required prior to the acknowledgment or completion of any Transaction. We
reserve the right, including without prior notice, to bar any user from making any Transaction.
Refunds will be subject to our applicable policies. 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.
In addition, you are responsible for any taxes applicable to your Transactions. While it is our
practice to confirm Transactions by e-mail, the receipt of an e-mail confirmation does not constitute
our acceptance of an order or our confirmation of an offer to sell.
8. Your Feedback.
If you provide to us any ideas, proposals, suggestions, or other materials, whether related to the
Service or not, you agree that such feedback from you is not confidential, and that you give it to us
for free, unsolicited, and without restriction or obligation on us.
9. Our Ownership Rights.
We and our suppliers own the Service, which is protected by certain rights and laws. Our trade names,
trademarks, and service marks include SilverScript and any associated logos (we refer to all of these
as "Our Marks
"). All other trade names, trademarks, service marks and logos on the Service are owned
by other persons or companies. You may not use Our Marks in connection with any product or service
that is not ours or in a way that may cause confusion about who owns Our Marks.
10. Links to Other Websites.
The Service may include links to other websites or services ("Third-Party Sites
"). We do not control
Third-Party Sites, we do not recommend them, and we are not responsible for them. They may not be true,
reliable, legal, or safe. We do not have any obligation to monitor Third-Party Sites, and we may block
or disable access to them through the Service at any time. BE CAREFUL IF YOU DECIDE TO USE THIRD-PARTY
11. DISCLAIMER OF WARRANTIES.
We do not make any promises about your use of the Service. This section explains that in detail. If you
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICE IS MADE AVAILABLE TO YOU “AS IS,”
WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES
WITH RESPECT TO THE SERVICE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE
LAW, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE SECURE; THAT ANY USER NAME, PASSWORD, OR OTHER
SECURITY MEASURE THAT YOU USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE WILL PREVENT UNAUTHORIZED
ACCESS TO YOUR SERVICE ACCOUNT OR RELATED INFORMATION; OR THAT YOUR SERVICE ACCOUNT OR RELATED INFORMATION WILL
NOT BE ACCESSED OR MISUSED BY ANY THIRD PARTY.
OUR AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES,
LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "COMPANY PARTIES"). We try to keep the Service
functioning at all times, but we cannot guarantee that it will always be available, updated, complete, correct, or
secure. Also, other persons may change the Service without our permission. If you see any such changes, please
12. LIMITATION OF LIABILITY.
Our legal responsibility to you in connection with the Service is limited. This section explains that in detail.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA OR
LOSS OF OTHER INTANGIBLES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING
THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY PARTIES WILL NOT BE LIABLE FOR DAMAGES
OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. YOUR ONLY REMEDY FOR DISSATISFACTION WITH THE
SERVICE IS TO STOP USING THE SERVICE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM AGGREGATE
LIABILITY OF THE COMPANY PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US
TO USE THE SERVICE; AND (B) TWENTY FIVE UNITED STATES DOLLARS ($25).
13. Indemnity (Your Responsibility If We Are Sued).
you will be responsible to pay us all costs in connection with the lawsuit, except to the extent prohibited under
applicable law. The costs may include, for example, any amount that we are required to pay the person who sued us;
the costs of defending the claim (including our attorneys’ fees); and other expenses and fees.
Subject to the requirements of applicable law, we may permanently or temporarily terminate your right to use the
the Service, we may immediately deactivate or delete your user name, password, account, and all associated materials,
and we will not be required to provide you with access to them. The Preamble and Sections 3-7, 9-15, and 17 shall
15. Governing Law.
without regard to its principles of conflicts of law, and regardless of your location. All disputes between you and
the federal and state courts located in Maricopa County, Arizona, U.S.A., and you waive any jurisdictional, venue,
or inconvenient forum objections to such courts.
16. Dispute Resolution.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
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 AND YOU ARE
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
if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines
upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a
location which is reasonably convenient to both parties with due consideration of their ability to travel and other
pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the
AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared
to the costs of litigation, CVS 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
have authority to award temporary, interim, or permanent injunctive relief, or relief providing for specific performance
arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
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 these Terms
of Use will continue to apply and be unaffected by this severability provision.
17. Forward-Looking Statements.
SilverScript is a wholly-owned subsidiary of Caremark Rx, Inc. (NYSE: CMX). Statements on the Service regarding SilverScript’s
business that are not historical facts are “forward-looking statements” that involve risks and uncertainties. For a discussion
of factors that could cause actual results to differ materially from those contemplated in the forward-looking statements, see
Caremark Rx, Inc.’s Annual Report on Form 10-K for the most recently ended fiscal year, and Caremark Rx, Inc.’s other periodic
filings from time to time with the SEC.
18. Information or Complaints.
If you have a question or complaint regarding the Service, please contact us
. Because e-mail
communications may not be secure, do not include credit card or other sensitive information in your e-mail correspondence with
us. 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
or (800) 952-5210
19. Other Important Terms.
Use, that does not mean that you or we (as applicable) waive any earlier or later ability to enforce our rights. The section titles
provision. All words that are defined in the singular will have the same meanings when used in the plural, where appropriate. When
is the entire agreement between you and us relating to the Service and replace any earlier written or oral agreements between you and
will be admissible in the proceedings to the same extent and subject to the same conditions as documents in printed form. Neither you nor
we will be responsible for any failure to fulfill any obligation due to any cause beyond your or our (as applicable) control.