SilverScript Terms of Use

These Terms of Use were last updated on April 1, 2017


These Terms of Use are between you and SilverScript Insurance Company and/or its affiliates (collectively, “SilverScript,” “we,” or “us”), and they govern your use of this website (the “Service”). Please read these Terms of Use carefully. They contain important information about your use of the Service. By using the Service, you are telling us that you have the legal right and ability to agree to these Terms of Use. If you are accessing the Service on behalf of, or for the benefit of, another person, you are agreeing to these Terms of Use on behalf of yourself and such person, and you affirm that you have the legal authority to agree to these Terms of Use on behalf of such person.


THE INFORMATION PROVIDED ON THE SERVICE DOES NOT CONSTITUTE FINANCIAL, LEGAL, OR MEDICAL ADVICE. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR ADVICE TAILORED TO YOUR SITUATION. MEDICAL AND HEALTH INFORMATION IS PROVIDED FOR GENERAL EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. THE SERVICE DOES NOT ADDRESS ALL POSSIBLE USES, ACTIONS, PRECAUTIONS, SIDE EFFECTS, OR INTERACTIONS OF DRUGS, AND IT DOES NOT PROVIDE COMPREHENSIVE INFORMATION ABOUT ANY PARTICULAR DISEASE OR MEDICAL CONDITION. CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH PROFESSIONAL REGARDING ANY PARTICULAR DRUG, DEVICE, HERB, VITAMIN, SUPPLEMENT, DISEASE, OR MEDICAL CONDITION.

1. Changes to these Terms of Use and to the Service. SilverScript may change these Terms of Use from time to time, such as to comply 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 above tells you when these Terms of Use were last changed. Any changes that we make will not apply to any dispute between you and SilverScript that arose before the effective date of the revised Terms of Use. At any time, we may change or stop all 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 is a conflict between these Terms of Use and such laws, such laws shall govern.

3. Information Collection.

Our Privacy Policy, available here 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.

7. Transactions. We may make available the ability to make a premium or other payment through the Service (a "Transaction"). 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 SITES. YOUR USE OF THEM IS AT YOUR OWN RISK AND MAY BE SUBJECT TO ANOTHER COMPANY’S OWN TERMS OF USE OR PRIVACY POLICY.

11. DISCLAIMER OF WARRANTIES. We do not make any promises about your use of the Service. This section explains that in detail. If you do not understand this section (or any other section of these Terms of Use), please contact us as set forth below.

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.


ALL DISCLAIMERS OF ANY KIND IN THESE TERMS OF USE (INCLUDING IN THIS SECTION) ARE MADE ON BEHALF OF BOTH US AND 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 contact us.


12. LIMITATION OF LIABILITY. Our legal responsibility to you in connection with the Service is limited. This section explains that in detail. If you do not understand this section (or any other section of these Terms of Use), please contact us at set forth below.
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). If we, or any of the Company Parties, are sued by another person because you have violated these Terms of Use, then 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.

14. Termination of these Terms of Use. Subject to the requirements of applicable law, we may permanently or temporarily terminate your right to use the Service and these Terms of Use at any time and without prior notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. If we terminate or suspend your right to use 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 survive any expiration or termination of these Terms of Use.

15. Governing Law. These Terms of Use are governed by and shall be construed in accordance with the laws of the state of Tennessee, without regard to its principles of conflicts of law, and regardless of your location. All disputes between you and us arising out of or related to the Service or these Terms of Use will be subject to the exclusive jurisdiction of 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, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR USE OF THE SERVICE, 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 AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE 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, as amended by these Terms of Use. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, CVS 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 these Terms of Use 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 these Terms of Use, 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 these Terms of Use 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 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 (916) 445-1254 or (800) 952-5210.

19. Other Important Terms. You are simply a user of the Service. These Terms of Use do not make you our partner, employee, or agent. If any part of these Terms of Use is found to be unlawful or for any reason unenforceable, then that part will be removed from these Terms of Use, and the rest of the Terms of Use will be enforceable. Unless you have our consent, you may not give your rights under these Terms of Use to any other person, and you may not make any other person responsible for your obligations under these Terms of Use. We may transfer any or all of our rights or obligations under these Terms of Use. If you or we decide to waive any of our rights under these Terms of Use, that does not mean that you or we (as applicable) waive any earlier or later ability to enforce our rights. The section titles in these Terms of Use are intended only to make these Terms of Use easier to read, and they do not define or explain any section or provision. All words that are defined in the singular will have the same meanings when used in the plural, where appropriate. When these Terms of Use use the words “including,” “include,” or “includes,” the word will be read as if followed by the phrase “without limitation.” These Terms of Use, including any terms and conditions that are made part of these Terms of Use (such as the Privacy Policy), is the entire agreement between you and us relating to the Service and replace any earlier written or oral agreements between you and us relating to the Service. If we need to notify you, such as about a change to these Terms of Use, we may do so through the Service or by e-mail (including in each case via links) or by regular mail. If you and we have a dispute about these Terms of Use or the Service, then a printed version of these Terms of Use and of any notice we have given you in electronic form (for example, on the Service or by e-mail) 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.