CVS CarePass™ Membership Program ("CarePass") Terms and Conditions
- Any valid U.S. address (including P.O. boxes, with some exceptions) in all 48 contiguous U.S. states
- Orders containing nonhazardous items to Alaska, Hawaii, Guam, American Samoa, Puerto Rico, the U.S. Virgin Islands and to P.O. box and APO/FPO/DPO addresses. Orders to these destinations (including some P.O. boxes) are limited, may require additional time and cost to deliver and may be discontinued at any time
- Promotional Trial Memberships. If you receive a free trial of CarePass, the free trial will apply at the start of your membership. Your payment card will be charged unless you cancel the membership no later than 3 days prior to expiration of the free trial period. Limit of 1 free trial per CarePass account.
- CarePass Promotional Reward. As a thank you for being a CarePass member and in addition to the membership benefits outlined in Section 5, CVS will provide a $10 CarePass promotional reward to your ExtraCare account each month during your membership. The $10 CarePass promotional reward may take from 48 to 72 hours to load to your ExtraCare account after initial enrollment or after the membership renewal date. To be eligible to receive and redeem the $10 CarePass promotional reward, you must maintain an ExtraCare account. Use of the $10 CarePass promotional reward requires a minimum $10 purchase on CVS.com (not including tax or other fees). The $10 CarePass promotional reward expires on stated expiration date. Each $10 CarePass promotional reward is single use only and cannot be applied across multiple transactions, so you will not have the ability to redeem any remainder of the reward that is not applied in a transaction. Not transferable to any other person (including another CarePass member). Not valid for use on Ship & Save orders on CVS.com. Cannot be used toward purchase or renewal of CarePass membership. The $10 CarePass promotional reward may be redeemed in participating CVS locations or online at CVS.com only for the purchase of merchandise. May not be redeemed for alcohol, lottery, money orders, prescriptions and co-pays, pseudoephedrine/ephedrine products, postage stamps, prepaid cards, gift cards, newspapers and magazines, milk (where required by law or regulation), bottle deposits, bus passes, hunting and fishing licenses, any imposed governmental fees or items reimbursed by a government health plan. $10 CarePass promotional rewards are promotional in nature, do not constitute property, have no cash value and are not redeemable for cash (except as otherwise required by law) and are not redeemable to purchase gift certificates or gift cards. No portion of the membership fee for CarePass constitutes consideration paid for $10 CarePass promotional rewards. $10 CarePass promotional rewards are issued by and are solely the obligation of CVS Pharmacy, Inc.
- Update to Terms. We may update these Terms by notifying you of such updates by any reasonable means, including by posting updated Terms to CVS.com. The "Last Updated" legend above indicates when the Terms were last updated. You should periodically review this page to determine if the Terms have been updated. Your continued participation in CarePass following any updates shall constitute notice and acceptance of any such updates.
- Cancellation; Termination. CVS may suspend or terminate, at CVS's sole and absolute discretion, any CarePass account if CVS is unable to successfully charge an eligible payment method or if CVS believes the member has abused CarePass privileges, acted inconsistently with these Terms or the law, or acted in a manner harmful to CVS. Termination by CVS of your CarePass account will result in cancellation of all associated benefits, and CVS has no obligation to refund you any membership fees following such termination by CVS. In some cases you may still receive messages (which may have been scheduled prior to the account termination) after termination of enrollment in CarePass. CVS shall be the sole arbiter in cases of suspected abuse, fraud or violation of these Terms, and any decision it makes relating to termination or disabling of CarePass membership shall be final and binding.
CVS reserves the right to terminate the CarePass Program, or any benefits under the CarePass Program, at any time, for any reason. If CVS terminates the CarePass Program, CVS will provide notice of termination in accordance with these Terms. Upon termination, at CVS's election, CVS will either maintain the CarePass benefits until expiration of the applicable membership terms or refund a pro rata portion of the membership fee for the remaining portion of the applicable membership term.
- Disclaimer of Warranties/Limitation of Liability. You agree that use of, and participation in, CarePass is at your sole risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CVS OR ITS SUPPLIERS OR VENDORS OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, LICENSORS 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 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 CAREPASS, OR WITH INABILITY TO PROVIDE OR USE ANY CAREPASS BENEFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY ON THE PART OF THE CVS PARTIES, IN THE AGGREGATE, SHALL NOT EXCEED FEES PAID BY THE CAREPASS MEMBER FOR THAT MEMBER'S CURRENT MEMBERSHIP IN THE CAREPASS PROGRAM. You agree that the limitations set forth above are fundamental elements of these Terms, and the CarePass Program would not be provided to you absent such limitations.
CarePass and all services and benefits offered therein is provided on a strictly "as is" and "as available" basis. CVS MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES OR REWARDS OBTAINED THROUGH CAREPASS. CVS MAKES NO WARRANTY THAT CAREPASS WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES CVS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CAREPASS. CVS expressly disclaims to the maximum extent permitted by applicable law all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or arising from course of performance. No advice or information, whether oral or written, obtained by a CarePass member from or through CVS or any of its employees or associates shall create any warranty.\u2028\u2028Some jurisdictions may not allow the exclusion of certain damages and implied warranties, so some of the above exclusions may not apply to you.
- Notices; Electronic Communications. CVS will give notices for CarePass, at CVS's sole discretion, except as required by law, by email, regular mail, general posting on CVS.com or postings in participating CVS Pharmacy locations, or through other methods deemed appropriate by CVS or permitted under law. When you send emails or other electronic messages to us for CarePass, 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 we provide to you electronically satisfy any legal requirement that such communications be in writing. We may send you email and other communications related to CarePass and your CarePass membership (regardless of any settings or preferences related to your ExtraCare or CVS.com account).
- Governing Law. These Terms, all transactions related to CarePass and all related matters, regardless of your location, are governed and construed solely in accordance with the laws of New York, excluding any rules of private international law or conflict of laws that would lead to application of other laws.
- Dispute resolution. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND CVS 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 AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS 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%20Rules.pdf), as amended by these Terms. 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 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 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, 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 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 above language 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 will continue to apply and be unaffected by this severability provision.
- General. Our failure to insist upon strict performance of any of these Terms shall not be construed as a waiver of any provision or right. If any part of these Terms is ruled to be unenforceable, such part shall be severed, with the remainder of the Terms remaining in full force and effect.
- Indemnification. 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 violation of these Terms.
- Contact Us. To cancel your membership or for assistance, visit CVS.com/CarePass/CancelPlan or call 1-833-320-CARE between 8 AM and 11 PM ET Monday through Friday or between 8:30 AM and 9 PM ET on Saturday or Sunday (except major holidays). For questions or concerns regarding CarePass, please contact us online, or contact us as follows:
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 1-916-445-1254 or 1-800-952-5210.