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CVS Retail Terms of Use

Last updated: September 04, 2026

Read these Terms of Use (this “Agreement”) for important information about our health content and our Services (as defined below).

List of Topics

1. Agreement to Terms

By accessing or using CVS.com, the CVS Health mobile app, or related features and services offered through CVS.com, the CVS Health mobile app, or CVS Pharmacy, Inc. or one of its subsidiaries or affiliates (the “Services”), you agree to these Terms of Use (“Terms”). If you do not agree, do not use the Services. Our Services may include additional terms, conditions, and policies that are incorporated into these Terms by reference. CVS (“we,” “us”) in these terms refers to all subsidiaries and affiliates of CVS Pharmacy, Inc.

We may update these Terms at any time by posting updated Terms through our Services; your continued use means you accept those updated Terms. Any dispute between you and CVS will be governed by the Terms in effect when the dispute arose. The “Last Updated” legend above indicates when these Terms last changed.

You must be at least 18 years old to use the Services or create an account.

THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION, A JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH BELOW. PLEASE REVIEW CAREFULLY.

2. Health Content

Information provided through the Services is for general educational purposes only and is not medical advice. Do not use it to diagnose or treat conditions; always consult a licensed healthcare professional.

Always check product information (including package inserts) regarding dosage, warnings, and other information before using any device, drug, herb, vitamin, or supplement referenced on the Services.

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 US Food and Drug Administration and are not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition.

Descriptions or images of products or services are not endorsements of those products or services by CVS or its affiliated third parties.

3. Products, Transactions, & Shipping

Products or services purchased through the Services may be made available by CVS or by third parties. Descriptions or images of products may not be accurate, and CVS does not endorse any such products or services.

Product descriptions, pricing, promotions, shipping methods and rates, and availability may change at any time. We reserve the right to limit quantities or refuse orders for any reason. The Services are good only while supplies last.

When you submit an order form, that is your offer to purchase the goods or services referenced in your order. You agree to pay all charges, applicable taxes, and shipping and handling fees. You are responsible for any taxes applicable to your transactions. By submitting payment information, you represent you are authorized to use that payment method. Orders are accepted only when you receive an order‑confirmation and shipping email from CVS or its suppliers or vendors. Additional terms may apply to certain transactions.

You are responsible for complying with all applicable local, state, and federal laws (including minimum age requirements) regarding the possession, use and sale of any products or services. By submitting any information through the Services 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.

We reserve the right to charge a re-stocking fee on non-prescription orders.

Sales, promotions, sweepstakes and other specials may vary by store and online.

4. User Conduct & Responsibilities

You agree to use the Services only for lawful purposes and not to:

  • Interfere with or disrupt the Services;
  • Attempt unauthorized access;
  • Upload harmful code;
  • Communicate any illegal, fraudulent, defamatory, harassing, or otherwise objectionable content;
  • Use the Services for reselling activities; or
  • Share an account with other people, or otherwise provide access to your account to anyone else.

We may suspend or terminate your access for violations of these Terms at any time without notice.

You must provide accurate account information, maintain the confidentiality of your login credentials, and promptly notify us of unauthorized use. You are responsible for creating secure credentials, including hard-to-guess passwords, for your access to our Services. You are responsible for the devices, connections, and costs needed to use the Services.

If you share information about other people through the Services, you agree that you have the right to do so.

5. Content You Submit

If you submit content to the site, you grant CVS a worldwide, perpetual, royalty‑free license to use that content for any purpose.

Photo processing services are provided by a third-party vendor. If you submit content to the Services in relation to photo processing and fail to purchase such services within three hundred and sixty-five (365) days, your content may be permanently deleted.

CVS and its vendors and suppliers may at any time take any action they deem appropriate in relation to any content you provide through the Services.

You are responsible for backing up your content; the Services are not a data‑storage service.

6. Intellectual Property

Subject to your compliance with these Terms, CVS grants to you, solely for so long as you are permitted by us to use the Services, a limited, revocable, non-exclusive, non-transferable license to access, use and display the Services (including any content or other materials generally made available through the Services to users of the Services) solely for your personal, non-commercial use. No title, rights, or interests in any downloaded materials from the Services are afforded you as a result of such downloading for personal, non-commercial use.

As between you and CVS, CVS (and its suppliers and vendors) owns the Services and all the content on the Services. The Services and all the content on the Services is subject to trademark, service mark, copyright, and/or other intellectual property rights held by CVS and its suppliers and vendors. Any trademark or copyright notices may not be deleted or altered in any way. CVS'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. 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 Services, 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 is strictly prohibited.

You hereby irrevocably grant to CVS an unrestricted, worldwide, perpetual, sublicensable (through multiple tiers), royalty-free license to use, reproduce, display publicly, perform, publish, transmit, distribute and otherwise exploit any communications or content you provide through the Services in any medium and for any purpose, and you further agree that CVS is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to CVS 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 content, ideas, concepts or know-how provided to CVS that you may have under any applicable law under any legal theory.

7. Third‑Party Services

The Services may link to or rely on third‑party websites, applications, or vendors. CVS is not responsible for, nor does it endorse, third‑party content, products, services, security practices, or privacy policies. Your use of those services is governed by those third parties’ own terms.

8. In-Store Wi-Fi

Your access to and use of wireless network (Wi-Fi) services from CVS where available in one of our retail stores is subject to and governed by this Agreement.

9. Privacy

Personal information processed as part of the Services is governed by the CVS Privacy Policy. Some aspects of the Services may be governed by a different privacy policy, which will be posted during your use of the Services. By using the Services, you acknowledge receipt of the applicable privacy policy.

We reserve the right to electronically monitor areas of the Services, and may disclose such information as outlined in the CVS Privacy Policy.

10. Electronic Communications

By interacting with us electronically, you consent to receive communications from CVS electronically. Electronic communications satisfy legal requirements for written communication.

11. Telephone, Text & Fax Communications

By providing a phone or fax number through your use of the Services, you consent to receive autodialed and/or prerecorded calls or text messages (marketing and non-marketing) from CVS and/or its vendors or suppliers. Carrier message and data rates may apply.

Consent is not a condition of purchase and can be revoked at any time using the following opt-out methods:

  • Call our toll-free number at 1-800-SHOPCVS;
  • Fax your opt-out request to 1-401-652-0893;
  • Send your opt-out request to do_not_call@cvshealth.com; or
  • Follow the opt-out instructions provided to you.

12. Text Messaging

CVS offers access to pharmacy, healthcare service, and loyalty program messages via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts. Enrollment in text alerts requires a patient or customer 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 messages from one of the CVS text alert programs, 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. Such alerts may include limited personal information about your prescriptions or healthcare services, 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, other healthcare services, or the ExtraCare® program, as applicable. CVS 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 CVS text alert programs are offered on an “as is” basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. CVS may change or discontinue any of its text alert programs without notice or liability to you. CVS 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 text alert program or from technical failures or delays of any kind. CVS reserves the right to cease delivery of text alerts to any person at anytime in its sole discretion. Carriers are not liable for delayed or undelivered messages.

  • For CVS Verification Code: By providing your consent and opting in, you will receive text messages for secure authentication during password resets, forgot password, or other security operations. 1 msg per user request. You may opt out of CVS Verification Code at any time. To stop CVS Verification Code, text STOP to 37046. Texting STOP to 37046 will opt you out of any and all future CVS Verification Code text messages. For questions about CVS Verification Code, text the word HELP to 37046 or call 1-888-607-4287.
  • For CVS Pharmacy Prescription (“CVS Rx”) Text Alerts: You may opt out of CVS Rx text alerts at any time. To stop receiving CVS Rx text alerts, text STOP to TXTCVS (898287) or (63641). Texting STOP to TXTCVS (898287) or (63641), will opt you out of any and all future CVS Rx text messages. For questions about CVS Rx text alerts, text the word HELP to TXTCVS (898287) or (63641), or contact CVS at 1-877-833-9620. You also can change your CVS Rx 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.
  • For ExtraCare® Text Alerts: You may opt out of ExtraCare® text alerts at any time. To stop receiving ExtraCare® text alerts, text STOP to 28732 or 28461. Texting STOP to 28732 or 28461 will opt you out of any and all future ExtraCare text messages. For questions about ExtraCare text alerts, text the word HELP to 28732 or 28461.
  • For Front Store Order Delivery Text Alerts: You may opt out of Front Store Order Delivery text alerts at any time. To stop receiving Front Store Order Delivery text alerts, text STOP to 72851. For questions about Front Store Delivery text alerts, text the word HELP to 72851.
  • For CVS Photo Text Alerts: You may opt out of CVS Photo text alerts at any time. To stop receiving CVS Photo text alerts, text STOP to 59796. For questions about CVS Photo text alerts, text the word HELP to 59796.
  • For MinuteClinic® Text Alerts: Texting STOP to 646256 or 287797 will opt you out of any and all future MinuteClinic text messages. For questions about MinuteClinic® text alerts, text the word HELP to 646256 or 287797.
  • For CVS Health Virtual Care (CVSH VC) Text Alerts: You may opt out of CVSH VC text alerts at any time. To stop receiving CVSH VC text alerts, text STOP to 28782. Texting STOP to 28782 will opt you out of any and all future CVSH VC text messages. For questions about text alerts, text the word HELP to 28782.
  • For Call Center Text Alerts: You may receive a one-time text if you contact a CVS call center and request a text message. Texting STOP to 287327 or 888-566-0882 will result in you receiving an opt out message. For questions about Call Center text alerts, text the word HELP to 287327 or 888-566-0882 or call 1-800-SHOP-CVS.

If you have any questions regarding privacy, please see our Privacy Policy.

13. Disclaimers of Warranties

CVS AND ITS SUPPLIERS AND VENDORS DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE, FUNCTIONALITY, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICES, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE, FUNCTIONALITY AND OTHER RESOURCES ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOU ACKNOLWDGE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CVS ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO CONTENT YOU UPLOAD, ACCESS TO, OR DOWNLOAD FROM THE SERVICES. YOU AGREE THAT YOUR USE OF THE SERVICES MAY NOT BE SECURE AND UNAUTHORIZED THIRD PARTIES MAY INTERCEPT INFORMATION ON THE SERVICES.

14. Limitation of Liability

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, 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 SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, ANY DEFECTS IN THE SERVICES, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, SERVICES, PRODUCTS, CONTENT, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE OPERATION OF THE SERVICES MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND CVS'S OR ITS SUPPLIERS' OR VENDORS' CONTROL. THE OPERATION OF THE SERVICES, WHETHER BY CVS, 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 SERVICES, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICES.

WITH RESPECT TO PRODUCTS, GOODS, OR SERVICES PURCHASED THROUGH CVS'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 THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED OR $25, WHICHEVER IS GREATER.

You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms and the Services would not be provided to you absent such limitations.

15. 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 use of the Services, your violation of these Terms, or your violation of any rights of another. CVS may in its sole discretion elect to defend against any such claims.

16. Changes to the Services

We and our suppliers may modify or discontinue any part of the Services at any time.

17. Termination

These Terms may be terminated by either party. We may suspend or terminate your account or access to the Services for violations of these Terms or in the event of termination by any party.

If you no longer agree to these Terms, or if you breach these Terms, you must stop using the Services.

These Terms will continue to apply to your prior use of the Services upon termination. CVS may permanently destroy any content you submitted through the Services without any prior to notice to you upon termination. Any rights or licenses granted to CVS will survive termination.

18. Dispute Resolution & Arbitration

DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT; JURY TRIAL WAIVER; CLASS ACTION WAIVER; CHOICE OF LAW AND VENUE).

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, A JURY TRIAL WAIVER, AND WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Most customer concerns can be resolved by calling Customer Service at 1-800-SHOPCVS. In the event Customer Service is unable to resolve a concern to your satisfaction, this Section explains how any Dispute (as defined below) will be resolved.

For purposes of this Section, the terms “CVS,” “our,” “we,” or “us” include CVS Pharmacy, Inc., its subsidiaries or affiliates, as well as any of their respective past, present or future affiliates or subsidiaries, and any persons or entities (including agents, representatives, or employees) related to CVS or its past, present or future affiliates or subsidiaries.

(1) Arbitration Agreement.

Binding Arbitration. This provision is intended to be interpreted broadly and to the fullest extent permitted by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). Any dispute or claim arising out of or relating to this Agreement, your use of the Service, or your relationship with CVS, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”) will be resolved through binding individual arbitration, except that either you or CVS may take a Dispute to small claims court, so long as it is not removed or appealed to a court of general jurisdiction and provided it advances only on an individual basis. Whether a Dispute is within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance and, if necessary, for a court of competent jurisdiction to decide. Dispute shall include, but not be limited to: (a) any dispute or claim that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of this Agreement. Dispute includes, but is not limited to, disputes or claims related to your use of the Site, sales, returns, refunds, cancellations, defects, policies, privacy, promotions, and/or any communications. Dispute, however, does not include disputes or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property or disagreements or disputes or claims related to personal bodily injury. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in this Agreement; (b) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (c) issues that relate to the arbitrability of any Dispute. The Agreement, including this arbitration agreement, does not prevent you from bringing a Dispute to the attention of any government agency. You and CVS agree that this Agreement evidences a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the FAA and federal arbitration law (not state arbitration law).

Mandatory Pre-Arbitration Informal Dispute Resolution. You and CVS agree to engage cooperatively to try to resolve any Dispute informally prior to you or CVS initiating an arbitration proceeding. You or CVS must first send a written notice to the other party providing a detailed description of the Dispute; your or our name and contact information (address, telephone number, email address, and account number, if applicable); sufficient information to enable you or us to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the Dispute and any claims and (b) the nature and basis of the relief sought (including a detailed calculation of any damages). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice to you must be personally signed by a CVS representative (and our attorney if we are represented by legal counsel). Your notice to CVS must be sent to CVS Pharmacy, Inc., c/o CT Corporation System, 450 Veterans Memorial Parkway, Suite 7A, East Providence, RI 02914. Our notice to you must be sent to the most recent contact information that you have provided to us. For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the Dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate). If requested by you in connection with a notice initiated by us, we agree to have a CVS representative personally participate in an individualized, telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration. Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party's election, and the parties agree that any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

Arbitration Rules and Procedures. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) and heard by a single, neutral arbitrator. Except as modified by this Agreement, NAM shall administer the arbitration in accordance with its rules applicable to the nature of the Dispute, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Mass Filing Supplemental Dispute Resolution Rules and Procedures, as applicable (“NAM Rules”). The NAM Rules and fee information are available at www.namadr.com. If NAM is unable or unwilling to administer the arbitration consistent with this Agreement, you and CVS shall agree on an alternate administrator that will do so. If you and CVS cannot agree, the parties shall petition a court of competent jurisdiction to appoint an alternate administrator that will administer the arbitration consistent with this Agreement. To begin an arbitration proceeding, you must send an arbitration demand to NAM with a copy to CVS Pharmacy, Inc., c/o CT Corporation System, 450 Veterans Memorial Parkway, Suite 7A, East Providence, RI 02914, or we must send an arbitration demand to NAM with a copy sent to you at the most current address we have on file. The arbitration demand must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice. The arbitration demand and certification must be personally signed by you and your attorney, if you are represented by legal counsel (if you are initiating arbitration) or by a CVS representative and our attorney, if we are represented by legal counsel (if we are initiating arbitration). By filing the arbitration demand, the party and its attorney initiating the arbitration represent that to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is expressly authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.

You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $12,500 or more or injunctive relief shall have an in-person or video hearing. You and CVS reserve the right to request a hearing in any matter from the arbitrator. You and CVS agree that you and a CVS representative will personally appear at any hearing (along with your and our respective legal counsel, if the parties are represented by counsel). If an in-person arbitration hearing is required, then it will be conducted in the county or parish in which you reside or at another mutually agreeable location.

The arbitration will be conducted by a single arbitrator who will apply this Agreement as a court would and will adjudicate any Dispute according to applicable law and facts based upon the record only. You and CVS agree that dispositive motions, including, without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the fullest extent permitted by applicable law, you and CVS agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written award. You and CVS agree that the arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. The arbitration award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered in any court.

Costs of Arbitration. The NAM Rules shall govern the payment of all arbitration fees. You and CVS agree that the parties have a shared interest in reducing the fees and costs associated with arbitration. Therefore, you or CVS may elect to engage with NAM regarding fees, and you and CVS agree that the parties (and your and our counsel, if you and we are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

Additional Procedures for Mass Filings. You and CVS agree that these procedures (in addition to all others provided in this arbitration agreement) shall also apply if you choose to participate in a “Mass Filing” (defined below). If 25 or more similar Disputes (including yours) are asserted against CVS by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), consistent with the definition and criteria of Mass Filing set forth in the NAM Rules, you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Disputes, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated in any stage, and to address other measures to promote efficiency, conservation of resources, and the resolution of claims.

If your claim is part of a Mass Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that the Mass Filing is first submitted to NAM until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

STAGE ONE: Counsel for the claimants and counsel for CVS shall each select 25 claims per side (50 claims total) to proceed as cases in individual arbitration proceedings as part of an initial staged process. Alternatively, either side's counsel may elect to have their 25 cases selected randomly. The number of Disputes to be selected to proceed as part of this initial staged process can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed in individual arbitrations. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any administrative fees be assessed or collected in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If after this initial set of proceedings the parties are unable to informally resolve the remaining Disputes, they shall participate in a global mediation session with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and CVS shall pay the mediator's fee.

STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for CVS shall each select 50 Disputes per side (100 claims total) to be filed and to proceed as cases in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Alternatively, either side's counsel may elect to have their 50 Disputes selected randomly. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 200 Disputes, all shall proceed individually in Stage Two). No more than 3 cases may be assigned to a single arbitrator to proceed individually unless the parties agree otherwise. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any administrative fees be assessed or collected in connection with those claims. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and CVS shall again pay the mediator's fee.

Upon the completion of the global mediation session set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may only proceed in a court of competent jurisdiction consistent with the remainder of this Dispute Resolution section and this Agreement. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of the remaining Disputes in individual arbitration proceedings consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel for the parties) or through another mutually-agreeable process.

You and CVS agree that we each value the integrity and efficiency of arbitration and wish to employ these Additional Procedures for Mass Filing for the fair resolution of genuine and sincere disputes between us. You and CVS acknowledge and agree to act in good faith to ensure the processes set forth herein are implemented and followed. The parties further agree that application of these procedures has been reasonably designed to result in an efficient and fair adjudication of claims. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Filings section of the arbitration agreement, including by enjoining the Mass Filing, and the prosecution or administration of arbitrations.

This Additional Procedures for Mass Filings provision of the arbitration agreement and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this section applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of this Agreement, including the remainder of this Dispute Resolution section.

Opt-out. You have the right to opt out of arbitration by sending your personally signed, written notice of your decision to opt out to the following address: CVS Pharmacy, Inc., c/o CT Corporation System, 450 Veterans Memorial Parkway, Suite 7A, East Providence, RI 02914, postmarked within 60 days of the first time you agreed to terms with CVS that included an arbitration agreement. You must include: (a) your name and residential address; (b) the email address and/or telephone number associated with your account; and (c) a clear statement that you want to opt out of arbitration and seek to have any Dispute addressed in a court of competent jurisdiction consistent with this Agreement. By opting out of arbitration, all other provisions in this Agreement, including the class action waiver and jury trial waiver, remain in effect to the fullest extent permissible by applicable law.

Severability and Survival. Except as specifically provided in the arbitration agreement (e.g., the Additional Procedures for Mass Filings), if any part or parts of this arbitration agreement is/are found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the arbitration agreement shall continue in full force and effect. This arbitration agreement will survive the termination of this Agreement.

Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to our mailing address), you may reject any such change by sending your personally signed, written notice to the following address: CVS Pharmacy, Inc., c/o CT Corporation System, 450 Veterans Memorial Parkway, Suite 7A, East Providence, RI 02914, postmarked within 30 days of the change. Such written notice does not constitute an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and CVS in accordance with this version of the arbitration agreement.

(2) Waiver of Jury Trial; Waiver of Class Actions.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CVS WAIVE THE RIGHT TO A JURY TRIAL.

YOU AND CVS AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN LITIGATION IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND CVS AGREE TO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

(3) Choice of Law; Venue.

This Agreement and any Disputes between you and CVS will be governed by the laws of New York without regard to its principles of conflicts of laws.

Unless you and CVS agree otherwise, to the fullest extent permitted by law, the state and federal courts of New York County, New York shall have exclusive jurisdiction over any Disputes between you and CVS (except for Disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of any provisions of this Agreement (including the Dispute Resolution section). You and CVS consent to the exclusive jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis to seek transfer or change venue of such action to another court.

19. Copyright (DMCA)

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 Services infringe your rights under U.S. copyright law, you (or your agent) may send to CVS a written notice by mail, e-mail or fax, requesting that CVS 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 a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, the following:

  1. Sufficient information identifying the copyrighted work(s) believed to be infringed.
  2. Sufficient information identifying the allegedly infringing material(s) and the location of such material(s) in order to permit CVS to locate such material(s).
  3. A statement from the owner (or the owner's authorized representative) of the copyrighted work(s) believed to be infringed that such owner or authorized representative has a good faith belief that the allegedly infringing materials are used in a manner not authorized by the copyright owner, its agent, or the law.
  4. Contact information for the complaining party, including a mailing address, a telephone number and, if available, an email address.
  5. A statement 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.
  6. A signature or the electronic equivalent from the owner (or the owner's authorized representative) of the copyrighted work(s) believed to be infringed.

Notices and counter-notices must be sent in writing to CVS's DMCA agent as follows:

DMCA Agent, Legal Department
Mail: CVS/pharmacy, One CVS Drive, Woonsocket, R.I. 02895 Mail Code 1160
Email: DMCA@cvshealth.com
Fax: 401-765-7887

CVS's DMCA agent can also be reached at the following phone number: 401-765-1500.

20. General Terms

These terms represent the entire agreement between you and CVS. If any provision within these Terms is found unenforceable, the remaining provisions will continue in effect. We may assign our rights; you may not assign yours without consent. Our failure to enforce these Terms is not a waiver of any provision or right.

If you have a question or complaint regarding the Services, please see here for information on how to contact us, or contact us as follows:

CVS Health Corporation
1 CVS Drive
Woonsocket, R.I. 02895
Telephone: (888) 607-4287

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.

The Services may contain or make available forward-looking statements within the meaning of the federal securities laws. Forward-looking statements are not guarantees of future performance and are subject to risks and uncertainties that are difficult to predict and/or quantify. Please see CVS Health Corporation's most recent SEC filings on Forms 10-K, 10-Q and 8-K for more information about forward-looking statements.