CVS Health Symphony PERS Terms of Service
Last Updated: Dec 8 2021
These CVS Health Symphony PERS Terms of Service (this “Agreement”) are an agreement between CVS Pharmacy, Inc. and its subsidiaries and affiliates (collectively “CVS,” “Company,” “we,” “us,” or “our”) and you (“Subscriber,” “you,” “your”). This Agreement governs your use of the Symphony Services (defined in Section 1). By tapping or clicking “I agree,” “I accept,” or any other similar button or box with respect to this Agreement; by providing clear oral consent; or by activating, using, or purchasing the Medical Alert Services (defined in Section 1), you accept and agree to be bound by this Agreement.
You affirm that you are of legal age and have the legal capacity to enter into this Agreement. If you are a Caregiver (defined in Section 4.2), you agree to comply with this Agreement on your behalf and on behalf of the Care Recipient you’re assisting; and you represent and warrant that you have the permission and authority to bind the Care Recipient to the terms of this Agreement. If you are a sales representative, case manager, Dealer (defined in Section 1), or other individual creating an account on behalf of a Subscriber, you represent and warrant that you have the permission and authority to bind such person to this Agreement.
THIS AGREEMENT LIMITS OUR LIABILITY AND CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ IT CAREFULLY.
THE EQUIPMENT AND MEDICAL ALERT SERVICES ARE NOT A SUBSTITUTE FOR 911. IF YOU NEED HELP AND ARE ABLE TO DIAL 911, YOU SHOULD DO SO.
Capitalized terms have the meanings indicated in the Agreement.
"Equipment" refers to the Symphony Essential Bundle, the Symphony Basic Bundle, the devices contained in those bundles, and any other Symphony accessory devices you purchase from us, including the Symphony Smart Hub, Care Button, Fall Sensor, Motion Sensor, Entry Sensor, and Mobile Companion, as applicable.
“Medical Alert Services” means the Monitoring Services and Location Based Services (as those terms are defined in Section 3).
“App” means the Symphony mobile application that we may make available to you for use in connection with the Equipment and Medical Alert Services, subject to the terms of this Agreement and the Symphony App End User License Agreement.
The Equipment, Medical Alert Services, App, Health Information Services (defined in Section 3.6), as well as any other services you may receive from Company as a Symphony Subscriber are collectively the “Symphony Services.”
“Dealer” is any home healthcare dealer that may deliver and setup Equipment and/or Medical Alert Services for the Subscriber.
"Premises" refers to Care Recipient’s address where the Equipment (with the exception of the Mobile Companion, as applicable) is installed.
2.1. Fees and Renewal.
The term of this Agreement is month-to-month. By activating the Medical Alert Services, you authorize Company to charge the credit card or debit card on file or debit the checking account for recurring monthly payments of the Monitoring Service Fee. Payment is due as of the Effective Date (defined in Section 3.7). Company may increase or change the Monitoring Service Fee at any time. Notice of a change in the Monitoring Service Fee is provided via email. Changes will apply to new subscriptions and renewal of existing subscriptions if you do not cancel in accordance with Section 2.3 below.
If the eligible payment method we have on file for you is declined for payment of the Monitoring Service Fee, you must provide a new eligible payment method promptly or your subscription may be placed on hold and all services suspended. If details of your payment method change, the issuer may provide us with updated details that we may use to charge the Monitoring Service Fee to help prevent interruption in services. If you provide a new eligible payment method and are successfully charged, your services will be reactivated and your new subscription period with be based on the date of the successful charge. We reserve the right to terminate all services at the end of your applicable subscription term if we are unable to successfully charge an eligible payment method.
UNLESS YOU NOTIFY US AT LEAST SEVEN (7) DAYS BEFORE A RECURRING CHARGE THAT YOU WANT TO CANCEL, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, EXCEPT AS REQUIRED BY APPLICABLE LAW) TO CHARGE THE PAYMENT METHOD WE HAVE ON FILE FOR YOU TO COLLECT THE THEN-APPLICABLE MONITORING SERVICE FEE AND TAXES.
2.2. Finance and Late Charges.
We may impose a (i) finance charge of one and one-half (1 1/2%) percent per month (eighteen (18%) percent per year); and (ii) an administrative fee (late charge) of 5% of any late payment.
2.3. Cancellation.
You may cancel the Medical Alert Services at any time at https://cvssymphony.zendesk.com/hc/en-us or by calling 844-741-0826. Subscriptions cannot be canceled in store. Cancellation is effective immediately and if you cancel at least seven (7) days before your renewal date you will not be charged the Monitoring Service Fee for any future months. No refunds are provided upon subscription cancellation. Your subscription automatically renews unless canceled by Subscriber or Company.
2.4. Our Right to Terminate.
We may suspend or terminate, at our sole and absolute discretion, this Agreement and the Symphony Services without prior notice to you for any good cause, including if we are unable to successfully charge an eligible payment method or if you breach this Agreement, violate applicable law, or acted in a manner harmful to Company. Termination by Company will result in cancellation of all associated services and we have no obligation to refund you any Monitoring Service Fees following such termination by Company.
We also reserve the right to terminate your subscription or any Symphony Services at any time, for any reason, without cause and without any liability whatsoever, upon ten (10) days notice to you. Upon such termination, Company will either maintain the Symphony Services until expiration of the applicable subscription term or refund a pro rata portion of the Monitoring Service Fee for the remaining portion of the applicable subscription term.
Your obligations under this Agreement shall survive the cancellation or non-renewal of this Agreement by you or Company for any or no reason.
3.1. Monitoring Services.
Monitoring Services means that monitoring service personnel (the “Operators”) at our authorized monitoring center (the “Monitoring Center”) will alert the persons, entities, or agencies you have identified via the Portal or the App (the “Responders”) after the Monitoring Center receives data or other communication from the Equipment reporting conditions that require assistance (a “Call”). After the Monitoring Center receives a Call, but before alerting any Responders, the Operators may, in their sole discretion, (a) attempt to verify the need to alert Responders; and (b) based on information received by the Operator, decide not to alert Responders of a Call or advise Responders to disregard a Call. If we are unable to notify your primary Responders or receive an alarm message and are unable to contact you, we may notify any 911 center or communications center (“Public Responder”) in our discretion. We will not be obligated to provide the Monitoring Services if you are late in making any payment due.
3.2 The Equipment and Medical Alert Services May Not Always Work.
The Equipment uses a third-party wireless telephone network and/or the internet (collectively the “Network”) to transmit and receive data and other communications. You acknowledge and understand that the use of cellular-based and/or mobile solutions includes additional risks associated with the quality and reliability of cellular signals, cellular service and GPS or other location services data. In particular, if the Equipment is not connected to the Network or the Network is not available or not properly functioning for any reason, we will not receive data or other communications and will not be able to provide the Medical Alert Service. The Network may not be available if the Equipment is out of range or because of certain conditions such as topography, buildings, or the weather. Governmental authorities limit the power that certain devices can use to transmit data and such limitations can adversely affect a device’s ability to transmit data. You are solely responsible to ensure the Equipment system has sufficient battery charge and/or home electrical power connection and cellular signal and/or home internet connection to transmit information.
3.3. Connection to Emergency Services.
Operators may link, conference, or transfer you to other service providers such as the police, fire department, ambulance service, or 911 emergency services. We’ll use reasonable efforts to contact appropriate service providers for help when you ask for it, but we cannot promise that any service providers will respond in a timely manner or at all.
3.4. Fall Detection.
If your Equipment includes a fall detection device, the device may not detect all falls and may activate when you do not fall. In addition, please always keep in mind that the Equipment must have sufficient battery charge and/home electrical power connection and cellular signal and/or home internet connection for fall detection devices to work properly. You should always push your help button when you require assistance and you should not rely exclusively on a fall detection device.
3.5. Location Based Services.
The Equipment may use technology to permit third parties, including the Monitoring Center, to determine where you are (the “Location Based Services”). The accuracy of the Location Based Services is limited, and the Company, the Operators, the Monitoring Center, the Responders or others may not be able to identify your location or the location of the Equipment precisely or at all. You authorize the Company to collect location-based information. We will only share your location-based information with the Operators, the Monitoring Center, the Responders, or any other person or entity you may designate or as otherwise set forth in the Symphony Privacy Policy.
3.6. Start of Services.
Company makes no promise of commencement of Medical Alert Services by any particular date. Any such services will commence after (i) all information to be provided by Subscriber is entered into the computer equipment for the Monitoring Center; and (ii) an acceptable test of the Equipment is received by the Monitoring Center. The date on which Medical Alert Services commences shall be referred to as the “Effective Date.”
3.7. Force Majeure; Suspension of Service.
We have no obligation to provide any service to you if the Monitoring Center, communications equipment or network or the Equipment is destroyed, damaged, inoperable or malfunctions for any reason beyond our reasonable control. This includes (a) acts of God, (b) floods, earthquakes, storms of any type, (c) fire, explosions, war (declared or undeclared), invasion, hostilities, terrorism, riots or other civil unrest, (d) action by a governmental authority or any governmental orders or laws, (e) actions, embargoes or blockades; (f) strikes, labor stoppage or slowdowns; and any other event beyond our reasonable control. We have no obligation to notify you of any such event. Except for any suspension of service due to a breach of this Agreement by you, you shall be entitled to reimbursement of the unearned charge paid for the period of the suspension on your written request and this shall be the limit of Company's liability.
3.8. You Appoint Us as Agent.
You appoint us as your agent solely for purposes of giving information and direction to Responders or the Monitoring Center concerning matters arising under this Agreement. You ratify and confirm all acts of (i) the Monitoring Center and (ii) Company and its suppliers and vendors pursuant to this paragraph.
3.9. Symphony 24/7 Health Information Line.
As a thank you for being a Subscriber and in addition to the Medical Alert Services outlined above, you may have access to the Symphony 24/7 Health Information Line (the “Health Information Services”). No portion of the Monitoring Service Fee or the Equipment purchase price constitutes consideration paid for the Health Information Services. We reserve the right to terminate the Health Information Services at any time, for any reason, without notice to you.
The Health Information Services provide only general health information and education. The Health Information Services (and all other Symphony Services) are not a substitute for and are not medical care, advice, diagnosis, or treatment from a health care provider. You should contact your health care provider, and not the Health Information Services, for medical care, advice, diagnosis, or treatment of any condition or illness. You should discuss any information you receive from the Health Information Services with a licensed health care provider. If you have an emergency, you should call 911 or contact local emergency services, and not the Health Information Services. Your use of the Health Information Services may be subject to such additional terms and conditions provided to you when you use the Health Information Services.
4.1. Use Limitations.
YOU MAY USE THE EQUIPMENT (AND RECEIVE THE MEDICAL ALERT SERVICES) ONLY WHEN THE EQUIPMENT IS LOCATED IN ONE OF THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, OR PUERTO RICO. TO USE THE SYMPHONY SERVICES, THE EQUIPMENT MUST BE ACTIVATED AND REGISTERED AT THE PORTAL (AS DEFINED BELOW). THERE MAY BE OTHER LIMITATIONS. (FOR EXAMPLE, THE INSTALLATION AND USE REQUIREMENTS BELOW.)
4.2. Installation and Use.
If the Equipment is installed at a Premises, you must abide by our written instructions and requirements for the installation and use of the Equipment (the “Installation and Use Requirements”). The Installation and Use Requirements are incorporated by reference in this Agreement as if set forth in full herein. Subscriber acknowledges receipt of a copy of the Installation and Use Requirements with the receipt of the Equipment. Company may re-publish the Installation and Use Requirements from time-to-time and Subscriber shall be bound thereby upon Company’s delivery thereof to Subscriber. You agree not to tamper with, remove, or interfere with the Equipment, or attach to it any equipment not provided by Company.
As a Subscriber, you may be a “Care Recipient” or a “Caregiver.” A “Care Recipient” is the individual who is receiving care from one or more caregivers (such as family members or friends) and the primary recipient and user of the Equipment and Medical Alert Services. A “Caregiver” is an individual (such as a family member or friend) who is assisting the Care Recipient; some Caregivers are also Subscribers. If you are a Caregiver purchasing the Equipment and/or Medical Alert Services and/or installing the Equipment and/or activating the Medical Alert Services at a Premises on behalf of or for use by a Care Recipient who you are assisting, you represent and warrant that you have permission and authority to do so and to permit us to provide the Symphony Services to the Care Recipient in accordance with this Agreement and the Symphony Privacy Policy.
Certain laws, rules, regulations, ordinances, and policies may affect your rights under this Agreement. You must obtain and maintain all licenses, permits, and other authorizations or consents necessary for the Equipment and Monitoring Services including local municipal notices or permits. You must abide by all laws when you use the Equipment, the Monitoring Services, or the Location Based Services.
You promise not to use the Symphony Services for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with our provision of services to our other Subscribers.
4.3. Your Responsibility for Others’ Use of your Symphony Services
You are solely responsible for any use of Symphony Services associated with your Equipment, even if you are not the one using it, and even if you later claim the use was not authorized. You are also solely responsible for the Symphony Services requested by you, or by anyone using the Symphony Services on your behalf.
4.4. The App and Portal
Any use of our Internet-based web portal (the “Portal”) or the App is subject to this Agreement and other on-line terms, if applicable. Your use of the App is specifically subject to the CVS Health Symphony App End User License Agreement.
4.5. Intellectual Property.
You will not, and will not permit others to, directly or indirectly, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify or create derivative works of the Equipment or any of its components or software. You must keep all usernames and passwords confidential. You alone assume the risk that any unauthorized person gains access or control of the Equipment or any data or personal information.
4.6. False Alarms and Forced Entry.
You are solely responsible for obtaining all required alarm permits and fees. Company shall have no liability, and you agree to indemnify Company with respect to, any permit fees, false alarms, false alarm fines, police or fire response, any damage to personal or real property or personal injury caused by police, fire department, or other emergency services response to alarm, whether false alarm or otherwise, or the refusal of the police, fire department, or other emergency services to respond. You must provide Responders access to the Premises. If you fail to provide access, Responders may use force to enter the Premises, and that may result in damage. You alone are responsible for any such damage. Company has no control over response times for Responders. You acknowledge that you may be able to reach Responders more quickly by telephone, including by dialing 911. You hereby release Company and Responders from all claims, losses and damages that may arise from any forced entry or delayed response.
5.1. Your and Others’ Information.
To use the Symphony Services, you must provide Company with certain information. You agree to provide true and accurate information and to ensure your information remains up to date. See our Symphony Privacy Policy regarding use of personal information by us. Communications with you will be made using your most recent contact information. Company is not responsible for your inability to receive Symphony Services or other loss due to your failure to provide and maintain accurate contact information. If you submit or access any personal information or any other information or data relating to any other person in connection with the Symphony Services (including, but not limited to, Caregivers submitting or accessing information or data regarding Care Recipients or other Caregivers), 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.
5.2. Consent to Intercept, Record, Disclose And Use Data and Communications.
The Monitoring Center or we may record any communications with you or others in providing services under this Agreement. Accordingly, You, for yourself and as the authorized agent of your family, guests, agents, servants, representatives and employees (individually and collectively, "Any Person"), hereby (i) consent to Company calling, intercepting, recording, retrieving, reviewing, copying, using and, subject to the Symphony Privacy Policy, disclosing the contents of all telephone, video, wire, oral, electronic and other forms of transmission or communication (collectively the “Recorded Data”); and (ii) release Company and the CVS Parties (defined in Section 7.3) from any loss, damage or expense arising out of or in connection with the Recorded Data. You agree that, as between you and Company, Company alone owns the Recorded Data.
5.3. Consent to Communicate by Telephone.
The Medical Alert Services require that we communicate with the persons whose name and telephone number you provide us. Our communication may take different forms, including a live telephone call, a pre-recorded telephone message using an auto-dialer, an SMS or other form of text message or some other form of electronic communications. We will communicate with the persons at the telephone number you provide us, including any mobile phone number or residential landline number. You will (i) inform each such person that we will communicate with them at such numbers; and (ii) obtain permission from such person that we may (a) communicate with them at such telephone numbers; and (b) record such communications as set forth more fully in the prior paragraph. You will indemnify, defend and hold us harmless (without any condition that we first pay) for any loss, damage or expense we may incur, including our reasonable attorneys’ fees, arising out of or in connection with any claims asserted against us in connection with or as a result of our communications with any such person, including any claim under any state or federal consumer protection or similar law, including the Telephone Consumer Protection Act.
This Agreement, all transactions related to the Symphony Services, and all related matters, regardless of your location, are governed by and construed solely in accordance with the laws of the state of New York, excluding any rules of private international law or conflicts of law that would lead to application of other laws. The interpretation of this Agreement shall not be construed against the drafter.
7.1. NO WARRANTIES.
YOU AGREE THAT YOUR USE OF THE SYMPHONY SERVICES IS AT YOUR SOLE RISK. COMPANY MAKES NO WARRANTY WITH REGARD TO THE SYMPHONY SERVICES. COMPANY MAKES NO WARRANTY THAT THE SYMPHONY SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE. THE SYMPHONY SERVICES WILL NOT IN ALL CASES PROVIDE THE SIGNALING, MONITORING, AND RESPONSE FOR WHICH THEY WERE INTENDED. NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SYMPHONY SERVICES.
COMPANY EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM COURSE OF PERFORMANCE, OR THAT THE EQUIPMENT OR SERVICE SUPPLIED MAY NOT BE COMPROMISED OR CIRCUMVENTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A SUBSCRIBER FROM OR THROUGH COMPANY OR ANY OF ITS EMPLOYEES OR ASSOCIATES SHALL CREATE ANY WARRANTY.
7.2. INSURANCE AND WAIVER OF SUBROGATION.
THE MONITORING SERVICE FEE IS BASED SOLELY ON THE SERVICES WE PROVIDE AND THE LIMITATION OF LIABILITY AND OTHER PROTECTIONS ARISING UNDER THIS AGREEMENT. WITH REGARD TO THIS AGREEMENT AND YOUR USE OF THE SYMPHONY SERVICES, WE ARE NOT AN INSURER AND WE ARE NOT PROVIDING INSURANCE. ACCORDINGLY, YOU SHALL MAINTAIN INSURANCE IN AN AMOUNT SUFFICIENT TO PROVIDE FULL AND COMPLETE COVERAGE FOR ANY LOSS, DAMAGE OR EXPENSE THAT MAY BE SUSTAINED BY YOU, YOUR FAMILY OR OTHERS, INCLUDING MEDICAL INSURANCE, DISABILITY INSURANCE, LIFE INSURANCE, LIABILITY INSURANCE AND PROPERTY INSURANCE. YOU AGREE TO (I) LOOK SOLELY TO THE INSURANCE YOU MAINTAIN IN THE EVENT OF ANY SUCH LOSS, DAMAGE OR EXPENSE AND (II) RELEASE US FOR ALL SUCH LOSS, DAMAGE AND EXPENSE. YOU WAIVE ANY RIGHTS YOUR INSURANCE COMPANY MAY HAVE TO SUE THE CVS PARTIES FOR MONEY PAID TO YOU OR ON YOUR BEHALF.
7.3. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CVS OR ITS SUPPLIERS OR VENDORS (INCLUDING ALOE) OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, LICENSORS, PARTNERS, SHAREHOLDERS, MEMBERS, DISTRIBUTORS, MANUFACTURERS, OR SUB-CONTRACTORS (COLLECTIVELY, “CVS PARTIES”) BE LIABILE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENC), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION, OR PERFORMANCE OF THE SYMPHONY SERVICES, OR ANY DELAY IN, INABILITY TO USE, OR DEFECTS IN THE SYMPHONY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
THE OPERATION OF THE SYMPHONY SERVICES MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND CVS’S OR ITS SUPPLIERS’ OR VENDORS’ CONTROL. ANY LIABILITY ON THE PART OF THE CVS PARTIES, IN THE AGGREGATE, SHALL NOT EXCEED FEES PAID BY THE SUBSCRIBER FOR THAT SUBSCRIBER’S MONITORING SERVICE FEE OR $25, WHICHEVER IS GREATER.
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 Medical Alert Services or the minimum permitted under such applicable law.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SYMPHONY SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
Except to the extent prohibited under appliable law, you agree to indemnify, defend, and hold harmless the CVS Parties from and against all liability, claim, losses, expenses, damages, and costs (including property damage, personal injury, death, or reasonable attorneys’ fees) related to or arising out of your use of the Symphony Services, including (1) active or passive, sole, joint or several negligence of any kind or degree of the CVS Parties, (2) improper operation of the Equipment or the failure of the Equipment to operate; (3) the Medical Alert Services, including the failure to provide the Medical Alert Services, (4) breach of contract, (5) any claims for subrogation, contribution or indemnification, or (6) your violation of this Agreement.
All claims, actions, or proceedings or against the CVS Parties must be commenced within one (1) year after the cause of action has accrued, without judicial extension of time, or said claim, action, or proceeding is barred. Time is of the essence and the time period in this paragraph must be complied with strictly.
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.
12.1. Notices; Electronic Communications.
Company will give notices for this Agreement at our sole discretion, except as required by law, by email, regular mail, or through other methods deemed appropriate by Company or permitted under law. When you send emails or other electronic messages to Company, you are communicating with Company electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
12.2. Right to Subcontract.
Company may, in its sole and absolute discretion, subcontract for the provision of services under this Agreement. You acknowledge and agree that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by Company to provide any service set forth herein to you, including but not limited to its supplier Aloe Care Health, Inc. (“Aloe”), and bind you to such subcontractors with the same force and effect as they bind you to Company.
12.3. Assignment.
This Agreement is binding on you and your heirs, executors, and administrators. You may not assign this Agreement. Company may assign this Agreement.
12.4. No Waiver of Breach.
Waiver of any breach of this Agreement shall not be a waiver of any subsequent breach. Our rights under this Agreement are cumulative, may be exercised concurrently or consecutively, and shall include all remedies, even those remedies not referred to in this Agreement.
12.5. Entire Agreement.
This Agreement, including incorporated references, is the entire agreement between you and Company concerning the Symphony Services and supersedes any previous oral or written communications or documents concerning the Symphony Services.
12.6. Severability.
If any part of this Agreement is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remainder of this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding, and continuing.
12.7. Third Party Beneficiaries.
There are no third-party beneficiaries of the Agreement other than the CVS Parties who are entitled to the rights and benefits hereunder.
12.8. Headings.
Section titles are for convenience only and shall not be considered in construing this Agreement. In this Agreement, the word “including” is not a word of limitation but means “including, without limitation or example.”
12.9. Modifications.
We may modify this Agreement by notifying you of such updates by any reasonable means, including by posting the updated Agreement to [URL]. The “Last Updated” legend above indicates when this Agreement was last updated. If you do not agree to such modifications, you must stop using the Symphony Services and cancel in accordance with Section 2.3 above. You should periodically review this page to determine if the Agreement has been updated. Your continued use of the Symphony Services following any updates to this agreement shall constitute notice and acceptance of any such updates.
Unless otherwise prohibited by law, we may change, modify, or supplement any Symphony Services provided to you, including, but not limited to, rates, fees, prices, charges, or features. We will provide notice regarding material changes to the Symphony Services. If you choose to use the Symphony Services after that point, you are accepting the change, modification, or supplement. If you do not accept the changes, modifications, or supplements, you can cancel in accordance with Section 2.3 above.
For questions or concerns regarding the Symphony Services, please contact us as follows:
By calling: 844-741-0826; or
By emailing: symphony@getaloecare.com
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.