CVS Health Symphony App End User License Agreement
Last Updated: Dec 8 2021
If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.
This End User License Agreement (“EULA”) is an agreement between CVS Pharmacy, Inc. and its subsidiaries and affiliates (collectively “CVS,” “Company,” “we,” “us,” or “our”) and you. This EULA applies solely to your use of the “CVS Health Symphony App” (the “Software”) and any information, services, or functionality provided by or in connection with the Software, and any documentation or materials related to foregoing, and any services or goods provided by us (collectively, the “Services”). This EULA does not govern your use of any CVS website (including www.cvs.com, the use of any of which is governed by separate Terms of Use currently available at www.cvs.com/help/terms_of_use.jsp), or any other website or app other than the Software, including any website or app operated by any CVS affiliate. If you are a Symphony Subscriber, your use of the Symphony Equipment and Medical Alert Services is governed by the CVS Health Symphony PERS Terms of Service.
Please read this EULA carefully and completely before using our Software or our Services. By tapping or clicking “I agree,” “I accept,” or any other similar button or box with respect to this EULA, by installing or using our Software or by using our Services, you agree to be bound by this EULA, which incorporates by this reference any additional terms and conditions made available to you by us in connection with the Software or the Services.
By using the Software or the Services, you affirm that you are of legal age to enter into this EULA.
The information and resources contained on and accessible through the Software and the Services are made available by CVS, its suppliers and vendors, and other third parties, in each case subject to your agreement to this EULA. If you do not agree to this EULA, you may not use the Software or the Services. If you do not agree to the current version of this EULA, you are not entitled to download the Software or to use the Software or the Services, and you shall terminate the installation process and/or cease all use of the Software and the Services; if you have already downloaded the Software despite this prohibition, you must promptly delete the Software from your device and cease all use of any of the Services. You acknowledge and agree that the provisions of this EULA inure to the benefit of and are applicable to any suppliers and vendors engaged by Company to provide the Software and the Services to you, including but not limited to its supplier Aloe Care Health, Inc. (“Aloe”), and bind you to such suppliers and vendors with the same force and effect as they bind you to Company.
THIS EULA CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
CVS may modify this EULA at any time, and such modifications shall have immediate prospective effect following our notifying you of such modifications by any reasonable means, including by making available the modified EULA through the Software or the Services. ACCORDINGLY, YOU AGREE TO REVIEW THIS EULA PERIODICALLY, AND, FOLLOWING OUR MAKING AVAILABLE A MODIFIED EULA, YOUR INSTALLATION OF ANY NEW VERSION OF THE SOFTWARE, OR YOUR CONTINUED USE OF THE SOFTWARE OR THE SERVICES, SHALL BE DEEMED YOUR ACCEPTANCE OF THE MODIFIED EULA. The “Last Updated” legend above indicates when this EULA was last updated.
Subject to your compliance with this EULA, and solely for so long as you are permitted by CVS to use the Software, CVS grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license (without right of sublicense) to install and use the Software on your device solely for your personal, non-commercial use. The Software is licensed, not sold, to you.
You have no ownership rights in, or related to, the Software or the Services. As between CVS and you, CVS retains all right, title, and interest in and to the Software and the Services (including any changes, modifications, or corrections thereto).
THE SOFTWARE OR THE SERVICES MAY INCLUDE INFORMATION REGARDING GENERAL PRINCIPLES OF HEALTH CARE MADE AVAILABLE TO YOU FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE SOFTWARE AND THE SERVICES DO NOT PROVIDE AND ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE, JUDGMENT, DIAGNOSIS, AND/OR TREATMENT FROM A HEALTH CARE PROVIDER. THE SOFTWARE IS NOT A MEDICAL DEVICE INTENDED FOR THE DIAGNOSIS, MITIGATION, OR TREATMENT OF ANY DISEASE, HEALTH CONDITION, OR HEALTH PROBLEM.
The Software and the Services do not address any possible uses, actions, precautions, side effects, or interactions of drugs, nor do they take into consideration your or others’ complete medical history or treatment plan. The Software and the Services also do not provide comprehensive information concerning any particular disease or medical condition. You should consult with a professional health care provider prior to making any decisions, undertaking any actions, or not undertaking any actions related to any health care problem or issue or medications. If you have any questions about the risks or benefits of taking a particular drug or about a specific health condition, you should consult a licensed practitioner. You should never disregard, avoid, alter, or delay obtaining medical advice from a licensed practitioner because of information in the Software or the Services.
IF YOU ARE NOT FEELING WELL OR HAVE ANY HEALTH CONCERNS OR QUESTIONS, PLEASE CONTACT AN APPROPRIATE HEALTH CARE PROFESSIONAL.
Proper treatment of health conditions depends upon a number of factors, including among other things, your complete medical history, diet, lifestyle, and medication regimen. Only a health care provider can provide medical advice to assess and address individual health care needs. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement discussed in the Software or the Services. CVS does not endorse or verify manufacturers’ or others’ claims about the safety or efficacy of these or any other products.
Medication information or reminders that may be available via the Software or the Services are based solely on your and/or other users’ input. The Software and the Services do not use any information that CVS may have about your or anyone else’s medications to populate medication information or reminders. Medication information and reminders may not reflect any changes in treatment directions from health care providers and may fail to be delivered if your computing device or the Software is not functioning as planned. CVS does not act in response to any medication reminder notices or your response or lack of response to such notices.
No statements made in the Software or the Services have been evaluated by the Food and Drug Administration.
You understand and agree that neither CVS nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly result from your use of the Software or the Services or the information or resources contained on or accessible through the Software or the Services.
By downloading the Software and enabling your Bluetooth capabilities and/or location-based services on your device, you expressly consent to CVS or its suppliers or vendors collecting the precise location information of your device. This information may be used in accordance with the Symphony Privacy Policy. Please see the Symphony Privacy Policy for further information.
The Software and the Services, including the information pertaining to CVS, are intended for use only by residents of the United States, and are not intended to subject CVS to any non-U.S. jurisdiction or law. The Software and the Services may not comply with legal requirements of jurisdictions outside of the United States. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States. Any portion of the Software, the Services, or any other product or service provided by CVS is void where and to the extent prohibited by law, and you may not use the Software or the Services where it would be illegal to do so. We may limit the availability of the Software or the Services at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
As part of the Services, CVS and/or its licensors may collect and use Speech Data in order to provide the Services and to tune, enhance, and improve the speech recognition and other components of the Services, and other services and products. You acknowledge, consent, and agree that CVS and/or its licensors may collect the Speech Data as part of the Services and that such information will be used by CVS and/or its licensors or third parties acting under its direction and/or the direction of its licensors, to tune, enhance, and improve the speech recognition and other components of the Services, and other services and products. CVS will not use the information elements in any Speech Data for any purpose except as set forth herein or as required under applicable law. “Speech Data” means the audio files, associated transcriptions, and log files provided by you to CVS hereunder or generated in connection with the Software or the Services.
You agree that your use of the Software and the Services shall be subject to and governed by any use requirements applicable to the Software or the Services that are established from time to time by CVS or otherwise made available to you by CVS. You agree to use the Software and the Services only in accordance with these requirements.
You acknowledge that the Software and the Services contain proprietary trade secrets of CVS and/or its licensors and suppliers. You may not (a) submit any automated or recorded requests to the Software or the Services unless otherwise approved by CVS; (b) access the Software or the Services with software or other means other than the Software; (c) copy, reproduce, port, translate, modify, distribute, sell, rent, lease, loan, timeshare, create derivative works based on, or otherwise exploit the Software or the Services or in any other manner duplicate the Software or the Services, in whole or in part; (d) decompile, disassemble, reverse engineer, or otherwise attempt to derive, reconstruct, identify, or discover any source code, underlying ideas, or algorithms of the Software or the Services by any means, except to the extent the foregoing restriction is prohibited by applicable law; (e) remove any proprietary notices, labels, or marks from the Software or the Services; (f) use the Software or the Services for purposes of comparison with or benchmarking against products or services made available by third parties; or (g) knowingly take any action that would cause the Software or the Services to be placed in the public domain. You agree to use the Software and the Services only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Software or the Services in any way. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Software or the Services (including by means of hacking or defacing any portion of the Software or the Services, or by engaging in spamming, flooding, or other disruptive activities, including with respect to the servers or networks used to make the Software and the Services available) will not be tolerated. You are strictly prohibited from communicating on or through the Software or the Services any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You must not (a) transmit or otherwise make available through or in connection with the Software or the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, ransomware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment; (b) harvest or collect information about users of the Software or the Services; or (c) systematically download and store Services content.
We reserve the right to terminate or suspend your access to and use of the Software or the Services without notice, if we believe, in our sole discretion, that your actions are in violation of any applicable law or are harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party partners, affiliates, sponsors, providers, licensors, or merchants.
With respect to any information you provide, you agree to provide true, accurate, current, and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep such information true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or if we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Software or the Services. Because any termination of your access to the Software or the Services may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Software or the Services. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or the Software or the Services.
In connection with creating or maintaining an account, you may be asked to supply a user name and password, and/or a biometric identifier (such as a fingerprint or photograph of your face), or a personal identification number (PIN) or other access credential (collectively, “Access Credentials”) in order to use the Software and/or any or all of the Services. Further, the Software may use or permit the use of authentication technologies, such as Apple’s Touch ID or Face ID technology (“Authentication Technologies“), in connection with your use of the Software and/or any or all of the Services, including in connection with your Access Credentials.
YOU ACKNOWLEDGE AND AGREE THAT, IF THE SOFTWARE USES OR PERMITS USE OF TOUCH ID, FACE ID, OR OTHER BIOMETRIC-BASED AUTHENTICATION TECHNOLOGY, ANYONE WITH A RELEVANT BIOMETRIC IDENTIFIER (SUCH AS A FINGERPRINT, IN THE CASE OF TOUCH ID) STORED ON YOUR DEVICE MAY HAVE ACCESS TO YOUR ACCOUNT AND BE MAY BE ABLE TO USE THE SOFTWARE AND/OR ANY OR ALL OF THE SERVICES.
You are responsible for maintaining the confidentiality of your Access Credentials and are fully responsible for all activities that occur in connection with your Access Credentials. You agree to immediately notify us of any unauthorized use of your Access Credentials or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Software or the Services using your Access Credentials.
We may refuse to grant you an Access Credential requested by you that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. For security reasons, Access Credentials must be non-obvious, hard-to-guess, confidential, and changed on a regular basis, and you must log out at the end of each session. All Access Credentials remain the property of CVS, and may be cancelled or suspended at any time by CVS without any prior notice or any liability to you or any other person. CVS is not under any obligation to verify the actual identity or authority of the user of any Access Credentials. If CVS, in its sole discretion, considers any Access Credentials to be insecure, then CVS may cancel such Access Credentials.
The Software and any related documentation including the content made available by CVS through the Software or the Services (collectively, the “Content”) is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by CVS and/or its licensors and suppliers. Any copyright or trademark notices may not be deleted or altered in any way. Our copyrights and trademarks may not be used in connection with any products or services that are not ours, or in any manner that is likely to cause confusion or otherwise violate our rights.
As between CVS and you, CVS owns all the Content, including text, graphics, legends, customized graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of this material. Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting, augmenting, distributing, downloading, storing, reproducing, sublicensing, adapting, creating derivative works of this Content, 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. Except as expressly provided herein, you may not copy, modify, publish, transmit, sell, offer for sale, or redistribute the Content in any way without the prior written permission of CVS. You hereby agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any commercial purposes any portion of the Software, the Services, or Content, or to collect any information about Software or Services users. No title, rights, or interests in any downloaded materials via the Software or the Services are afforded to you as a result of such downloading for personal, noncommercial use. You may not assign this EULA or any of the rights or licenses granted under this EULA or rent, lease, or lend the Software or the Services to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this EULA is void. We may assign, transfer, or sublicense any or all of our rights or obligations under this EULA without restriction.
The names, logos, and materials displayed in connection with the Software or the Services constitute trademarks, trade names, service marks, or logos (“Trademarks”) of CVS or other entities. Ownership of all Trademarks and the goodwill associated therewith remains with CVS or those other entities, and nothing contained in this EULA, the Software, or the Services should be construed as granting any right to use any Trademarks without the prior written consent of the owner of such Trademarks.
Any third-party Trademarks contained in or used by the Software or the Services are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall be for the benefit of the trademark owner. The use of such third-party Trademarks is intended to denote interoperability and does not constitute (a) an affiliation by Company and its licensors with such company; or (b) an endorsement or approval of such third-party companies and its licensors and its products or services.
The Software or the Services may provide functionality through which, or in connection with which, you are able to upload or otherwise transmit or provide information or materials (such as user names, email addresses, passwords, comments, text, photographs, images, connected device data, or other personal or other data) in connection with your use of the Software or the Services, regardless of whether such information or materials are made available publicly or with password protection (collectively, “Uploads”). You may also elect to provide or make available to CVS any suggestions, comments, ideas, improvements, or other feedback or materials, whether related to the Software or the Services or otherwise (collectively, “Suggestions”).
Subject to the limitations set forth in the Symphony Privacy Policy, you hereby grant to CVS and its affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide license (sublicensable through multiple tiers) to use, analyze, distribute, reproduce, modify, adapt, derive, publish, translate, publicly perform, publicly display, and otherwise exploit your Uploads and Suggestions (in whole or in part), in any format or medium now known or later developed for any purpose, whether in connection with the Software or the Services or otherwise.
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION AVAILABLE TO OTHERS THROUGH THE SOFTWARE OR THE SERVICES, YOU DO SO AT YOUR OWN RISK.
Subject to the limitations set forth in the Symphony Privacy Policy, any Uploads, Suggestions, or other communication or other material (“Other Communications”) that you send through the Software or the Services is and will be deemed to be non-confidential, and CVS shall have no obligation of any kind with respect to such information. CVS will be free to (but has no obligation to) monitor, analyze and disclose Uploads, Suggestions, and Other Communications (and to authorize others to do the same) in any manner, and you will gain no right, title or interest in or to the Software or the Services by virtue of CVS doing so. CVS shall be free to (but has no obligation to) use any ideas, concepts, know-how or techniques contained in such Uploads, Suggestions, and Other Communication for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products. CVS reserves the right to (but has no obligation to) display or insert advertisements in connection with Uploads, Suggestions, and Other Communications, and to use Uploads, Suggestions, and Other Communications for marketing, advertising and promotional purposes.
You agree that you are solely responsible for all of your Uploads, Suggestions, and Other Communications. CVS is not responsible for any loss, theft or damage of any kind to any Uploads, Suggestions, or Other Communications. You represent and warrant that: (a) you own all rights in your Uploads, Suggestions, and Other Communications or, alternatively, you have acquired all necessary rights in your Uploads, Suggestions, and Other Communications to enable you to grant to CVS all of the rights described herein; and (b) your Uploads, Suggestions, and Other Communications do not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Upload, Suggestion, and Other Communications that you may have under any applicable law under any legal theory.
You are prohibited from making Uploads, offering Suggestions, and Other Communications, or otherwise using the Software or the Services to transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate this EULA, applicable law, or a copyright, trademark, or other intellectual property or other right of another. CVS will cooperate with any law enforcement authorities or court order requesting or directing CVS to disclose the identity of anyone transmitting information or materials or otherwise using the Software and the Services. CVS may, from time to time, monitor, review, analyze, block, alter or remove Uploads, discussions, chats, postings, transmissions, bulletin boards, and the like; however CVS is under no obligation to do so and assumes no responsibility or liability for the reliability, currency, or completeness or any such Uploads, Suggestions, or Other Communications, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any Uploads, Suggestions, or Other Communications.
CVS is not required to host, display, or distribute any Uploads, Suggestions, or Other Communications, and may remove at any time or refuse any Uploads, Suggestions, or Other Communications for any reason. None of the Services are designed or intended to be used as a disaster recovery or emergency data storage facility and you are responsible for creating and maintaining copies of your Uploads prior to posting, uploading, or otherwise submitting such Uploads through the Services.
CVS and its suppliers and vendors are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any Uploads that you may use or allow others to use in connection with the Services (including Uploads posted or submitted to the Services) before CVS and its suppliers and vendors take any remedial action that they consider, in their sole discretion, to be appropriate.
NEITHER CVS NOR ITS SUPPLIERS OR VENDORS CONTROL THE UPLOADS POSTED OR SUBMITTED TO THE SERVICES, NOR DO WE OR THEY HAVE ANY OBLIGATION TO MONITOR, SCREEN, POLICE, OR EDIT THOSE UPLOADS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS EULA. YOU MAY FIND SOME OF THE UPLOADS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE, OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SERVICES.
CVS will have no obligation to provide the Software or the Services, may change the form and nature of the Software or the Services at any time with or without notice to you, and may cease providing the Software or the Services at any time with or without notice to you.
CVS may choose to provide updates to the Software from time to time in its sole discretion. To the extent that you choose to download or use any such updates to the Software, you acknowledge that you will be bound by the version of this EULA which is applicable as of the time you download and use any such update to the Software.
CVS does not represent or warrant that any version of the Software or the Services will be compatible with any hardware or software versions or applications (including any future versions or updates of your phone, tablet, computer, or its operating system) or provide the same functionality that is provided by the current version of the Software or the Services. The Software or the Services may not be compatible with your hardware or software versions or applications (including any specific versions of your phone, tablet, computer, or its specific operating system). CVS does not undertake any obligation to provide the Software or the Services to you in a way that is compatible with your hardware or software.
Your submission of information through the Software is governed by the Symphony Privacy Policy.
The Software and Services are intended to be used by “Caregivers,” individuals (e.g. a family member or friend) assisting the “Care Recipient,” the individual who is receiving care from one or more Caregivers and the primary recipient and user of the Equipment and Medical Alert Services, as those terms are defined in the CVS Health Symphony PERS Terms of Service.
As detailed in the Symphony Privacy Policy, as a Caregiver: (1) your personal information may be available to the Care Recipient you are assisting as well as other Caregivers assisting the same Care Recipient; (2) you may have access to personal information regarding the Care Recipient you are assisting as well as other Caregivers assisting the same Care Recipient; and (3) you may have the option to invite other Caregivers to use the Software and the Services with regard to the Care Recipient you are assisting.
If you (1) submit any personal or other information or data related to any other person in connection with the Software or the Services (including, but not limited to, submitting information or data regarding a Care Recipient or other Caregivers); (2) access any personal or other information or data related to any other person in connection with the Software or the Services (including, but not limited to, accessing information or data regarding a Care Recipient or other Caregivers); or (3) invite any person to have access to any other person’s personal or other information or data in connection with the Software or the Services (including, but not limited to, inviting other Caregivers to use the Software and the Services with regard to the Care Recipient you are assisting); you represent and warrant that you have permission and authority to do so and to permit us to use the information or data in accordance with the Symphony Privacy Policy.
Anyone with access to your device when you receive notifications may have access to those notifications. If you share a device with others, consider carefully whether to set the device to receive notifications that you consider to be confidential. Remember to secure access to devices that you use to access the Software or the Services if you want to keep your notifications or any other information relating to your account confidential.
Please note that certain information, including the physical location of your device, may be collected automatically by the Software or the Services, as described in the Symphony Privacy Policy.
By providing your residential or wireless phone and/or fax number(s) to or in connection with the Software or the Services, you expressly consent to receive marketing and non-marketing autodialed and/or prerecorded calls, text messages and faxes (including fax advertisements), related to Symphony at the number(s) provided. Your consent to receive calls or texts on your wireless device is not a condition of any purchase. Consent may be revoked at any time by calling the toll-free number at +1-844-741-0826. You may also send an opt-out request via email to symphony@getaloecare.com with the phone and/or fax number you wish to opt-out. Your wireless carrier’s standard message and data rates may apply. You can opt out of receiving text messages related to Symphony by responding “STOP” to any text message you receive related to Symphony.
You may receive Symphony-related notifications and messages via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts. Enrollment in text alerts requires you to provide your own mobile phone number with an area code within the 50 United States, the District of Columbia or Puerto Rico. By enrolling to receive Symphony-related text alerts, 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 or in connection with the Software or the Services. Such alerts may include limited personal information, 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 Services. We do 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 following carriers are supported: AT&T, Sprint, Boost, Verizon Wireless, U.S. Cellular®, T-Mobile®, Cincinnati Bell, Alltel, Virgin Mobile USA, Cellular South, Unicel, Centennial and nTelos. You may opt out of Symphony-related text alerts at any time. To stop receiving text alerts, text STOP to +1-256-980-3883. Texting STOP to +1-256-980-3883 will opt you out of any and all future Symphony-related text messages. After you submit a request to unsubscribe, you will receive one final text alert from +1-256-980-3883 confirming that you will no longer receive text alerts. No additional text alerts will be sent unless you re-activate your enrollment. For questions about text alerts, text the word Help to +1-256-980-3883 or contact +1-844-741-0826.
The Symphony 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. We 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 Symphony text alert program or from technical failures or delays of any kind. We reserve the right to cease delivery of text alerts to any person at any time in our sole discretion.
CVS reserves the right (but does not have the obligation) to elect to electronically monitor use of our Software and our Services (including electronic communications made in connection with the Software and the Services) and may disclose any content, records, or electronic communication of any kind if permitted to do so by any applicable law, regulation, or government request, if such disclosure is necessary or appropriate to operate the Software or the Services, or to protect our rights or property, or the rights of users, partners, affiliates, sponsors, providers, licensors, or merchants. If alerted to allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content.
You are responsible for obtaining, maintaining, and paying for all hardware, software, and all telecommunications and other services needed for you to use the Software and the Services.
In particular, you acknowledge that by using the internet to use the Software or the Services, you may incur charges from your wireless carrier, internet service provider, or other method of internet access, and that payment of any such charges will be your sole responsibility. CVS does not control wireless or internet access. Your use of these networks may not be secure and may expose your personal information sent over such networks.
When you send electronic communications, including emails or text messages, to us, you are communicating with us electronically and consent to receive return communications, if any, from us electronically, including through the Software or the Services, or otherwise. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Although CVS reserves the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, Content, materials, services, products, merchandise, functionality or other resources (collectively, “Resources”) available on or accessible through the Software or the Services (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any service or product information listed on the Software or the Services. Resources may be made available by CVS or by third parties, and may be made available for any purpose, including for general information purposes. We make no representations, warranties or guarantees as to the availability, completeness, accuracy, reliability, validity or timeliness of any or all of the Resources.
The Service may contain links to, or otherwise make available, third-party sites, services, products, information, content, materials, merchandise, functionality and/or other resources (“Third Party Resources”). These links and access are provided for your convenience and reference only. We do not control such Third Party Resources and, therefore, we are not responsible for such Third Party Resources, or any content posted on or made available by such Third Party Resources. Be aware that CVS does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about such Third Party Resources, including without limitation the security of any Materials, or the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on or made available by such Third Party Resources or any other Internet sites. We reserve the right to terminate such links or such access at any time. The fact that we offer such links or access should not be construed in any way as an endorsement, authorization, or sponsorship of such Third Party Resources, or any content made available thereby. Because some Third Party Resources employ automated search results or otherwise link you to Third Party Resources containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in or made available by Third Party Resources and you hereby irrevocably waive any claim against us with respect to such Third Party Resources. Your use of any Third Party Resources is subject to the Third Party’s terms, conditions, and policies applicable to such products, services, or materials (such as terms of service, terms of use, end user license agreements, or privacy policies of the providers of such products, services, or materials). CVS is not responsible for the privacy and security of any information you share with that Third Party, including your credit card or payment information. When you elect to receive these services from a Third Party, you agree to hold that Third Party responsible for any unauthorized use or disclosure of your personal information.
CVS does not accept any liability for the consequences arising from the application, use, or misuse of any information on the Software or the Services, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise.
YOUR ACCESS AND USE OF THE SOFTWARE, THE SERVICES, RESOURCES, AND THIRD PARTY RESOURCES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, CONTENT, SERVICES, PRODUCTS, MATERIALS, UPLOADS, AUTHENTICATION TECHNOLOGIES, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH OR IN CONNECTION WITH ANY OF THE FOREGOING (COLLECTIVELY, THE “OFFERING”), IS SOLELY AT YOUR OWN RISK.
CVS AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (EACH A “CVS PARTY” AND, COLLECTIVELY, THE “CVS PARTIES”) DISCLAIM ALL WARRANTIES WITH RESPECT TO THE OFFERING, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
THE OFFERING IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE OFFERING IS WITH YOU. SHOULD THE OFFERING PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR.
THE CVS PARTIES MAKE NO GUARANTEES AND DISCLAIM ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT THE OFFERING’S ACCURACY, RELEVANCE, TIMELINESS, OR COMPLETENESS. THE CVS PARTIES DO NOT WARRANT THAT THE OFFERING WILL MEET YOUR REQUIREMENTS IN ANY RESPECT OR BE AVAILABLE AT ANY PARTICULAR TIME, OR THAT THE OPERATION OF THE OFFERING WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE OFFERING OR NONCONFORMITY TO ITS DOCUMENTATION CAN OR WILL BE CORRECTED, OR THAT ALL FEATURES WILL BE AVAILABLE TO YOU.
YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO CVS TO GRANT THE LICENSE CONTAINED IN THIS EULA AND TO PROVIDE YOU WITH ACCESS TO THE OFFERING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CVS PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIALS OR RESOURCES PURCHASED OR OBTAINED THROUGH OR USING THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT ANY PASSWORD PROTECTION, ACCESS CREDENTIALS, AUTHENTICATION TECHNOLOGIES OR OTHER SECURITY MEASURES WILL PREVENT UNAUTHORIZED TRANSACTIONS OR ACCESS TO UPLOADS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY CVS PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), OR ANY DAMAGES WHATSOEVER ARISING OUT OF 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), OR PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS EULA OR THE USE (OR INABILITY TO USE), OPERATION, AVAILABILITY OR PERFORMANCE OF THE OFFERING (OR ANY PORTION THEREOF), OR YOUR RELIANCE ON THE OFFERING (OR ANY PORTION THEREOF), EVEN IF ANY CVS PARTY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE OFFERING (INCLUDING ANY AUTHENTICATION TECHNOLOGIES) MAY NOT BE SECURE, AND THAT PRIVACY AND SECURITY RISKS CANNOT BE ELIMINATED. ACCESS CREDENTIALS AND AUTHENTICATION TECHNOLOGIES MAY NOT PREVENT UNAUTHORIZED TRANSACTIONS OR ACCESS TO YOUR ACCOUNT OR UPLOADS.
ANY LIABILITY ON THE PART OF THE CVS PARTIES ARISING OUT OF OR RELATED TO THIS EULA OR YOUR USE OR MISUSE OF THE OFFERING SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE FEES PAID BY YOU SOLELY FOR THE RIGHT TO USE THE PARTICULAR SOFTWARE OR SERVICES PROVIDED BY CVS HEREUNDER; AND (B) TWENTY-FIVE DOLLARS ($25).
The CVS Parties are not liable for the unauthorized use of Resources, including such unauthorized use by any websites.
The CVS Parties do not guarantee the sequence, accuracy, or completeness of any information or content available through the Offering and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby. The CVS Parties do not accept any responsibility for technical failures or for unauthorized access of user transmissions by third parties.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that a CVS Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty will be equal to the minimum permitted under such applicable law and the extent of the CVS Parties’ liability will be equal to the greater of the amount you paid for the Software or the Services or the minimum permitted under such applicable law.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS EULA AND THE SOFTWARE AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless the CVS Parties from and against all liability, claim, losses, expenses, damages and costs, including reasonable attorneys’ fees, related to or arising out of your use of the Software or the Services (including any of your Uploads and your use of Resources) or any violation by you of this EULA.
You may terminate this EULA at any time by destroying all copies of the Software and related documentation under your control and ceasing to use the Services. All rights granted to you under this EULA will immediately terminate if you violate any of the terms of this EULA or if this EULA is terminated, but all other provisions of this EULA (other than with respect to our right to modify this EULA, the Software, or the Services) will survive any such violation or termination.
CVS or its suppliers or vendors may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (a) suspend or terminate (in whole or in part) your authorization to use the Software or the Services and any account you may have; (b) suspend or terminate and permanently delete and destroy any Access Credential, URL, IP address, or domain name; (c) remove from the Services and permanently delete and destroy any Uploads (or any components thereof) that you or others may have posted or submitted to the Services (and for purposes of this EULA, “posted” and “submitted” includes transmission on or through the Internet and in hardcopy format through facsimile or post) for any reason or no reason; (d) restrict access to the Uploads posted or submitted to the Services and to any account you may have; and (e) prohibit you from any future use of the Software or the Services; all without any prior notice or liability to you or any other person.
Without limiting the foregoing, if this EULA is terminated for any reason, then: (a) you may no longer use the Software or the Services, and you must promptly delete the Software from your device and cease all use of any of the Services; (b) this EULA will continue to apply and be binding upon you in respect of your prior use of the Software and the Services, including payment of any charges accrued in connection with use of the Software and the Services and your indemnification obligations; (c) CVS may immediately remove from the Services and permanently delete and destroy any Uploads that you or others may have posted or submitted to the Services without any prior notice or liability to you or any other person; and (d) any fees and charges previously paid by you for unused services will not be refunded.
The United States restricts the export and re-export of commodities and technical data of United States origin, including the Software. You agree that you will not export or re-export the Software in any form in violation of the laws of the United States or any foreign jurisdiction. By installing or using the Software, you represent and warrant that you are not (a) located in, or a national or resident of, any country subject to a U.S. government embargo or other restriction; or (b) on the United States Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Department’s Table of Denial and Prohibition Orders, or any other U.S. government list of restricted end users.
The Software is a “Commercial Item,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 as applicable. Consistent with federal regulations, the Software and related documentation are licensed to U.S. Government end users (a) only as “Commercial Items”; and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
This EULA, your use of the Software and the Services, all transactions through the Software and the Services, and all related matters, regardless of your location, are governed solely by, and construed solely in accordance with, the laws of the State of New York, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. This EULA will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.
Except for disputes that qualify for small claims court, all disputes arising out of or relating to the Agreement or any aspect of the relationship between you and CVS (or its suppliers or vendors), whether the dispute is based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved in final, binding arbitration before a neutral arbitrator instead of in court by a judge or a jury. You agree that CVS and you each waive the right to trial by a jury and that the Federal Arbitration Act (“FAA”) and federal arbitration law, not state law, governs the enforceability of this dispute resolution provision. You also agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted, and you agree to give up the ability to bring or participate in a class action.
For any and all disputes or claims you have, you must first give CVS an opportunity to resolve your claim by sending a written description of your claim to CVS’s registered agent at this address:
CVS Pharmacy, Inc.
c/o CT Corporation System
450 Veterans Memorial Parkway, Suite 7A
East Providence, RI 02914
You and CVS each agree to negotiate your claim in good faith. You agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time. If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or CVS may start an arbitration or small claims court proceeding.
The Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available by calling 1-800-778-7879 or at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf), as amended by these terms. If AAA fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator, but will not decide arbitrability or any other aspect of the parties’ dispute (except if either party files a small claims court matter). We will pay or reimburse arbitration filing, administration, and arbitrator fees. The arbitrator may award any individual relief a court of law could, including temporary, interim, or permanent injunctive relief on an individual basis.
If a court or arbitrator finds in any action between you and CVS that any part of this arbitration agreement and class action waiver is unenforceable with respect to any claim, then the arbitration agreement and class action waiver will not apply to that claim, but they will still apply to any and all other claims that you or CVS may assert in that or any other action. If any other provision of this Dispute Resolution provision is found unenforceable, the other parts of it shall continue to apply. You reserve your ability to bring claims in small claims court to the extent of that court’s jurisdiction.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing through online services infringes their rights under U.S. copyright law. If you believe in good faith that materials available through the Software or 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 submitted to us a notice of copyright infringement involving content that you made available through the Software or Services, 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 our DMCA agent as follows:
Attn: Copyright Agent, Aloe Care Health, Inc.
Mail: 411 Lafayette Street, 6th Floor, New York City, NY 10003
Email: legal@getaloecare.com
Our DMCA agent can also be reached at the following phone number: +1-888-256-3227.
This EULA, including incorporated references, is the entire agreement between you and CVS with respect to the Software and the Services and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Software) concerning the Software or the Services.
If any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of this EULA will remain in full force and effect.
Failure by CVS to prosecute any right with respect to a default hereunder will not constitute a waiver by CVS of the right to enforce rights with respect to the same or any other breach.
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that CVS does not endorse any of the products or services listed on such site.
If you have a question or complaint regarding the Software or the Services, please email Sympony@getaloecare.com, see here for information on how to contact us, or contact us as follows:
Symphony c/o Aloecare
101 Avenue of the Americas
9th Floor #2026
New York, NY 10013
California residents may reach the Consumer Information Center of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Software copyright © 2021 Aloecare or CVS Health or one of its affiliates.