Client Services


Terms and Conditions

Caremark©.com, RxRequest™.com, CarePatterns™.com, RSVCare™.com, and HepCare™.com (the "Caremark Sites") are owned and operated by Caremark, L.L.C. ("Caremark"). By using any of the Caremark Sites, you consent to the following terms and conditions and acknowledge that Caremark is relying on your consent in allowing you to use the Caremark Sites.

Caremark reserves the right at its discretion to change these terms and conditions from time to time. Your continued use of the Caremark Sites 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 the Caremark Sites, including the availability of any portion of the content at any time, without notice or liability.  

License
You may interact with or download information from any portion of any of the Caremark Sites for your personal, non-commercial 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 the Caremark Sites for public or commercial purposes without the express written consent of Caremark.  Upon the request of Caremark, you shall immediately cease use of the Caremark Sites and any Content set forth therein.

Use of the Caremark Sites

The use of the Caremark Sites is intended for lawful purposes only. By accessing the Caremark Sites, you specifically agree not to do any of the following: (i) upload to or transmit on the Caremark Sites 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 the Caremark Sites or its Contents in violation of applicable law or the legal rights (including the rights of publicity and privacy) of Caremark or others or in a manner inconsistent with any other agreements which you may have with Caremark; (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 the Caremark Sites; (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 the Caremark Sites or that you have a contractual obligation to keep confidential or (viii) take any other action that is detrimental to the Caremark Sites or that is inconsistent with Caremark’s intellectual property rights on the Caremark Sites and the Content set forth therein.

Registration  

Certain areas of the Caremark Sites are accessible only to registered users. To become a registered user of the Caremark Sites, your organization must have contracted with Caremark to provide prescription benefit management services for the plan participants of your prescription benefit plan(s).  The Caremark Sites are not intended for use by consultants or advisors. In order to access the Caremark Sites section of the registered-user-only areas of Caremark.com, and once your identity is verified, you will be asked to create a username and password and a unique challenge question. 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 concerns or otherwise. 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 the Caremark Sites 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 the Caremark Sites.

Submissions to the Caremark Sites

If any user of the Caremark Sites make 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.

Disclaimer
All information on the Caremark Sites 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. 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.

YOU EXPRESSLY AGREE THAT USE OF THE CAREMARK SITES AND ALL SERVICES PROVIDED HEREIN IS AT YOUR OWN RISK. NEITHER CAREMARK, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR CONTENT PROVIDERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CAREMARK SITES, 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 the Caremark Sites 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 the Caremark Sites 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 the Caremark Sites or the server that makes them available is free of viruses or other harmful components.

You acknowledge that Caremark may update the Caremark Sites and their 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 the Caremark Sites without notice or liability.

Clinical Information

The clinical information residing on the Caremark Sites 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 a physician, and should not be used to diagnose or treat a health problem without consulting a physician. In no event shall Caremark be liable for any decision made or action taken in reliance on the information contained on the Caremark Sites nor shall you directly or indirectly make any claim against Caremark or its affiliates with respect thereto.

Intellectual Property
The Caremark Sites and all content and images 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 the Caremark Sites 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 on the Caremark Sites). You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the information or other Content downloaded from the Caremark Sites   You may not co-brand or use any Caremark trademark, service mark, or logos in connection with the Caremark Sites without the prior written consent of Caremark.  You shall not modify or change the Contents set forth on the Caremark Sites nor otherwise create derivative works therefrom.

Links
The Caremark Sites
contain links to other Web sites not operated by Caremark. These links are provided as a convenience and do not constitute an affiliation with, endorsement or sponsorship of the third parties that operate those Web sites. Caremark is not responsible for the availability or reliability of the content of these third party Web sites. Any information you provide to those third parties is not subject to the terms of this privacy policy, and Caremark is not responsible for the treatment of the information you provide to those third parties. We recommend that you review the privacy policy of that third party, and of any third party to whom you provide personally identifiable information online.

Indemnification

You agree to indemnify and hold Caremark, its affiliates and its information providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit to Caremark or another through the Services, your use of the Caremark Sites, your violation of these Terms and Conditions of Use, or your violation of any rights of another user or third party.

Present or Future Employment with Caremark

Should you become employed with Caremark, none of the information or materials on the Caremark Sites shall constitute or be considered part of an employment contract or an employee manual or handbook. Nothing stated or represented on the Caremark Sites shall affect the employment relationship between Caremark and its current, former, or future employees.

Other Agreements

To the extent that these terms and conditions are inconsistent with any written agreement between Caremark and you or your organization, the terms and conditions of such written agreement shall govern and control.

Contacts
If you have any questions or comments about the Caremark Sites, please contact Caremark at webstaff@caremark.com.

Additional Terms and Conditions
The following additional terms and conditions are applicable to the following portions of the Caremark Sites:

Contacts

If you have any questions or comments about Caremark.com’s Client Portal, please Contact Caremark or write to Caremark at:

Caremark L.L.C.,

Attn: Customer Advocate Team

34 Alamo Downs Parkway ,

San Antonio, Texas 78238

Personal Information

A user’s personal information is treated in accordance with Caremark.com’s Web Site Privacy Policy.

Investor Relations

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.

Caremark Site Applications

The Caremark Sites are exclusively provided to Caremark clients and intended for their sole use.

Jurisdiction

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.

 





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