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Caremark.com is owned and operated by Caremark, L.L.C. ("Caremark"). By using any feature at Caremark.com, you consent to the following terms and conditions and acknowledge that Caremark is relying on your consent in allowing you to use Caremark.com.
Caremark reserves the right at its discretion to change these terms and conditions from time to time. Your continued use of Caremark.com after the posting of any amended terms and conditions shall constitute your agreement to be bound by any such changes. Caremark may modify, suspend, discontinue or restrict the use of any portion of Caremark.com, including the availability of any portion of the content at any time, without notice or liability.
You may interact with or download information from any portion of Caremark.com for your personal, noncommercial information or use. However, you may not copy, reproduce, sell, publish, transmit, modify, display, repost, hyperlink or otherwise use or distribute any portion of the content, information, images or materials (collectively, “Content”) from Caremark.com for public or commercial purposes without the express prior written consent of Caremark. Upon the request of Caremark, you shall immediately cease use of Caremark.com and any Content set forth therein.
Use of Caremark.com
The use of Caremark.com is intended for lawful purposes only. By accessing Caremark.com, you specifically agree not to do any of the following: (i) upload to or transmit on Caremark.com any defamatory, indecent, obscene, harassing, excessively violent or otherwise objectionable material, or any material that is, or may be, protected by copyright or other intellectual property rights, without permission from the copyright owner; (ii) use Caremark.com or its Contents in violation of applicable law or the legal rights (including the rights of publicity and privacy) of others; (iii) intercept or attempt to intercept electronic mail not intended for you; (iv) misrepresent an affiliation with any person or organization; (v) restrict or inhibit other subscribers’ use of Caremark.com; (vi) upload or otherwise transmit files that contain a virus or otherwise corrupted data; (vii) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over Caremark.com or that you have a contractual obligation to keep confidential or (viii) take any other action that is detrimental to Caremark.com or that is inconsistent with Caremark’s intellectual property rights in Caremark.com and the Content set forth therein.
Registration to Caremark
Certain areas of Caremark.com are accessible only to registered users. To be a registered user, you must be eligible to receive Caremark’s online pharmacy benefit management services. In order to access the registered-user-only areas of Caremark.com, you will need the username and password provided to you by your prescription benefit plan. You acknowledge that the use of username and password is an adequate form of security. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of your username and password, (2) not allowing another person to use your username or password, (3) any charges or damages that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly informing Caremark in writing of any need to deactivate an username due to security or other concerns. Caremark is not liable for any harm related to the theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use Caremark.com using your username or password. You shall immediately notify Caremark of any unauthorized use of your username or password and any breach of confidentiality. Until Caremark receives this notification from you, you will be held liable for any harm ensuing from the use of your username on Caremark.com.
Submissions to Caremark.com
If any user of Caremark.com makes any submission (such as questions, comments, resume, or suggestions) to Caremark, whether oral, written or electronic, no confidential relationship shall be established between the user and Caremark. The user’s submission, and any information submitted with it, shall be considered nonconfidential and shall be considered the sole and exclusive property of Caremark. Caremark shall have no obligation of any kind (such as compensation) with respect to the submission or any materials that accompany it. Caremark shall be free to use or transmit to others any ideas, concepts, or techniques contained in the user’s submission and accompanying materials for any purpose whatsoever, including, but not limited to, research, development, manufacture, use or sale of any products or services incorporating or relying on such information.
Not Intended for Use by Minors
Caremark.com is not intended for, nor do we believe it is appealing to, children under the age of 18. We will not knowingly collect information from Caremark.com visitors in this age group.
All information on Caremark.com is for your educational and informational purposes. It is not intended as a substitute for a consultation with your physician, or other applicable clinician, and should not be used to diagnose or treat a health problem without consulting your physician. The risks and benefits of any particular drug or treatment should be considered with your physician or other applicable clinician. You should consult with your physician to assist you in evaluating the appropriateness of the information provided to you by Caremark and its licensed pharmacists and any medications you are taking in the context of your situation and circumstances and with due consideration to new developments. If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately. In no event shall Caremark be liable for any decision made or action taken in reliance on the information contained on this site nor shall you directly or indirectly make any claim against Caremark or its affiliates with respect thereto.
NEITHER CAREMARK, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR CONTENT PROVIDERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING CAREMARK.COM, THE CONTENT OR ANY SERVICE PROVIDED HEREIN. THE CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CAREMARK SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT. CAREMARK, ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS AND CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE WEB SITES, THEIR CONTENT, OR ANY SERVICES PROVIDED HEREIN.
Certain of the information on Caremark.com is licensed by Caremark or otherwise made available to Caremark by third parties. Caremark is not responsible for the content of any information provided to it by any third party. Information accessible through Caremark.com speaks only as of the date such information was prepared. Such information may be incomplete or may have become out of date. Caremark makes no commitment, and disclaims any duty, to update or revise such information. Caremark does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Caremark.com or the server that makes it available is free of viruses or other harmful components.
You acknowledge that Caremark may update Caremark.com and its Content from time to time and that Caremark is under no duty to notify you of such updates (including but not limited to link updates) nor does Caremark have any obligations or liability to you with respect to such updates. Caremark may at any time terminate in whole or in part Caremark.com without notice or liability.
These terms, conditions, and any policies contained on this site are effective until terminated by either party. If you no longer agree to be bound by these terms and conditions, you must cease your use of this site. Your use of this site is at your sole risk. If you are dissatisfied with this site, its content, or any of these terms, conditions, and policies, your sole and exclusive legal remedy is to discontinue using this site.
The clinical information residing on Caremark.com is authored by licensed Healthcare Professionals. Information is intended solely for your educational and informational purposes. It is not intended as a substitute for a consultation with your physician, and should not be used to diagnose or treat a health problem without consulting your physician. In no event shall Caremark be liable for any decision made or action taken in reliance on the information contained on Caremark.com nor shall you directly or indirectly make any claim against Caremark or its affiliates with respect thereto.
Caremark.com and Content contained therein, as well as all copyright, trademark, trade dress, service mark, and other rights therein are owned or licensed by Caremark and its affiliates (collectively, Intellectual Property Rights”). Nothing contained on Caremark.com should be construed as granting, by implication, estoppel or otherwise, any license or right in or to such Intellectual Property Rights without the express written permission of Caremark. You agree not to copy, use or otherwise infringe upon Caremark’s Intellectual Property Rights (including but not limited to its trademarks or service marks contained in Caremark.com). You further agree that you will not alter or remove any trademark, service mark, copyright or other notice from any copies of the information or other Content downloaded from Caremark.com. Without prior written consent of Caremark, you may not co-brand or use any Caremark trademark, service mark or logos in connection with Caremark.com. You shall not modify or change the Contents set forth in Caremark.com nor otherwise create derivative works therefrom.
Present or Future Employment with Caremark
Should you become employed with Caremark, none of the information or materials on Caremark.com shall constitute or be considered part of an employment contract or an employee manual or handbook. Nothing stated or represented on Caremark.com shall affect the employment relationship between Caremark and its current, former, or future employees.
If you have any questions or comments about Caremark.com, please Contact Caremark or write to Caremark at:
Caremark Research Team P.O Box 832407 Richardson, TX 75083
The Investor Relations link in Caremark.com redirects you to the Investor Relations portion of Caremark’s parent company’s, CVS Caremark Corporation, website. Certain information contained in this site or in any hyper-linked site may include forward-looking statements within the meaning of the Securities Act of 1933 and the Securities Exchange Act of 1934 as amended by the Private Securities Litigation Reform Act of 1995. All forward-looking statements are inherently uncertain as they are based on expectations and assumptions concerning future events and they are subject to numerous known and unknown risks and uncertainties which could cause actual events or results to differ materially from those projected. The forward-looking statements contained in this site relate to, among other things, general industry conditions such as the competitive environment for retail pharmacy and pharmacy benefit management companies, regulatory and litigation matters, legislative developments, changes in tax laws and the effect of changes in general economic conditions, the intent, belief or current expectations of CVS Caremark Corporation and members of its senior management team with respect to the company as well as the assumptions upon which such statements are based. Accordingly, for these forward-looking statements, we claim the protection of the safe harbor for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995. We strongly recommend that you become familiar with the specific risks and uncertainties that we have outlined for you under the captions “Risk Factors” and “Cautionary Statement Concerning Forward-Looking Statements” in our Annual Report on Form 10-K for the 2006 fiscal year ending December 30, 2006, and under the caption “Cautionary Statement Concerning Forward-Looking Statements” in our Quarterly report on Form 10_Q for the quarter ended June 30, 2007, copies of which are available to you upon request. Prospective investors are cautioned that any such forward-looking statements are not guarantees of future performance, and involve risks and uncertainties, and that actual results may differ materially from those contemplated by such forward-looking statements. All forward-looking information speaks only as of the date shown on such information. We do not undertake any obligation to update such information after it is posted or to remove such information from this site if it is no longer accurate or complete.
Client Services Applications
The Client Services web-based applications are exclusively provided to Caremark clients. Use of these applications is subject to the terms of agreements signed with Caremark.
Caremark.com is operated as a service to the clients and members of Caremark in the United States of America and its territories and should be used only by residents of the United States of America. These terms and conditions will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions. If any of these terms and conditions is determined to be void, unlawful, or unenforceable, the validity and enforceability of the remaining terms and conditions shall not thereby be affected or impaired.