CVS Pharmacy^® ExtraCare Plus^TM Terms and Conditions

Membership and enrollment

Limited to participating locations and states. Certain ExtraCare Plus benefits are not available in Alaska and Puerto Rico. Minors must have parent/guardian permission to enroll, and minors under 16 must be enrolled by their parent or guardian. Membership is personal, nontransferable and nonsalable and is limited to one individual per account. The ExtraCare Plus program may not be used for business or commercial purposes. The resale of products in connection with the ExtraCare Plus program is specifically prohibited. To enroll and use benefits, you must be an ExtraCare^® member and provide a valid email and payment card for recurring payments. CVS.com^® account and digital profile must be linked to your ExtraCare account. CVS may refuse enrollment at our discretion.

You must provide and maintain accurate and current information. Check the CVS Privacy Policy regarding the use of your personal information. We may share your personal information with our CVS Pharmacy^® team to provide benefits, including Rx delivery.

For members receiving ExtraCare Plus membership through a health plan, prescription plan or employer (your sponsor): We may share your information with your sponsor to verify eligibility. No recurring payments or payment data is required to receive or maintain membership under sponsored plans. Membership will be terminated if you are no longer eligible according to your sponsor or if we cannot verify your eligibility with your sponsor. If you are an existing CVS ExtraCare Plus annual member electing to cancel and enroll in membership provided by your sponsor, you will receive a pro-rated refund for the remaining months of your existing membership. To receive this refund, you must use the same ExtraCare account during online registration. For existing monthly CVS ExtraCare Plus membership, your sponsor membership will begin at end of the current benefit month.

Membership fees and renewal

Membership fees plus applicable taxes are charged upon enrollment and renewal and are subject to change. Notice of changes of fees will be provided by email. Changes apply to new and existing members unless membership is canceled. If payment method on file is declined, membership will be placed on hold and benefits suspended. If details of your payment method change, the issuer may provide us with updated details that we may use to charge your membership fees to help prevent interruption in benefits. Upon successful charge to your new payment method, membership will be reactivated and a new membership period will be based on the date of successful charge. Membership will be terminated at the end of term if we are unable to charge your payment method. Discounted trial membership applies at the start of membership sign-up, and the full price will be charged unless you cancel membership no later than three days prior to expiration of discounted trial period. Limit one discounted trial per account.

Membership benefits

Benefits valid only on CVS.com and in participating CVS locations. To enable certain benefits, you must have an active CVS.com account and complete your digital profile. Some benefits may require purchase thresholds, have quantity or shipping limitations, be excluded by certain health plans, or otherwise require members to meet specified criteria for use.  For more information, go to our FAQs.

• 24/7 Pharmacist Helpline

  
  The Pharmacist Helpline is not available in all locations.
  
  

• 20% off CVS Health^® brand products

  
  Excludes sale and promo items, alcohol, co-pays, ephedrine/pseudoephedrine products, gift cards, pre-paid cards, prescriptions, promo and sale items, and items reimbursed by any health plan. Not combinable with other offers. 20% discount is not valid on other CVS brands such as CVS Pharmacy, Beauty 360^®, CVS, Gold Emblem® or Gold Emblem abound^®.  CVS reserves the right to apply the 20% discount to qualifying items in any order within the transaction. 20% discount cannot be combined with other offers, including employee discounts.
  
  

• FREE same-day delivery

  
  Available in as little as three hours for qualifying retail orders with an eligible address. Orders must be a minimum of $10 to qualify, after the application of any coupons, rewards, promotions or discounts, and before tax. Orders must be placed four hours prior to the store’s closing time or by 8 PM for 24 hour stores. If you order outside of these hours, we will deliver the following day. Only available at select CVS locations within 15 miles of delivery address and within covered ZIP code. For details, check our Store Locator or call store. Some orders may not be eligible for same-day delivery due to delivery address, holidays, weather or other delivery constraints. Customers are not required to be present for deliveries. The delivery window is only an estimate and may be subject to delays. Free delivery is not available on items reimbursable by any health plan. Delivery is not available in all locations, including Puerto Rico. CVS reserves the right to limit the quantity of items ordered for same-day delivery.
  
  

• FREE shipping

  
  FREE shipping on select items sold at CVS.com. Orders must be a minimum of $10 to qualify, after the application of any coupons, rewards or discounts. Shipping benefits depend on inventory, order cutoff times and delivery destinations. Free shipping is not available in Alaska or Puerto Rico. Shipping methods subject to change. Eligible items vary. Items needing refrigeration excluded. Photo and optical center items excluded. Orders with items containing hazardous materials will be delivered in three to seven business days. Handling fees, surcharges and/or taxes may apply.
  
  

• FREE Rx delivery

  
  Get details about Rx delivery here.
  
  

Rx delivery activation

FREE delivery for qualifying prescription orders requires activation by linking a pharmacy profile and ExtraCare number to the ExtraCare Plus member’s CVS.com account. Check our pharmacy page or ExtraCare Plus member page. Profile and insurance must be verified with your local CVS Pharmacy.  Free same-day Rx delivery and 1 to 2 day Rx delivery are not available in Alaska or Puerto Rico.

Qualifying orders for Rx delivery

Delivery is not available for certain prescriptions, insurance and prescription benefit plans. Call your local CVS Pharmacy for additional eligibility details.

Rx delivery timing

Order cutoff times may vary by delivery option and pharmacy location. Not all delivery options are available to every address or from all pharmacy locations. Delivery may be subject to delays. Delivery timing is measured in business days.

FREE 1 to 2 business day Rx delivery

Available for qualifying prescription orders. 1 to 2 business day delivery only available on orders placed Monday through Thursday. Courier will deliver package to customer’s mailbox, doorstep or other safe place. If none is available, the package will be held at local post office for up to 15 days. After 15 days, the package will be returned to the pharmacy and additional fees may apply for new delivery.

FREE same-day Rx delivery

Available for qualifying prescription orders. Orders placed before 4 PM or four hours before close (whichever is earlier) Monday through Friday, or before 2 PM or four hours before close Saturday or Sunday, will be delivered within three hours. Only available at select CVS locations within 15 miles of delivery address and within covered ZIP codes. Check our Store Locator or call pharmacy for details.

Bonus reward

As a thank you and in addition to ExtraCare Plus benefits, members receive a monthly $10 bonus reward loaded to their ExtraCare account, which is required to receive the reward. Allow 48 to 72 hours for reward to load. Reward expires on stated expiration date and is valid on only a single transaction. Minimum $10 purchase (excluding tax or other fees) at CVS.com or any purchase amount at participating CVS locations. Any reward remainder is irredeemable. We reserve the right to process bonus rewards and coupons in any order. Not transferable. Not valid for purchase or renewal of membership, alcohol, bottle deposits, bus passes, copays, ephedrine/pseudoephedrine products, gift cards, hunting or fishing licenses, lottery tickets, magazines, milk (where required by law), money orders, newspapers, postage stamps, prepaid cards, prescriptions, any imposed governmental fees and items reimbursed by a government health plan. Bonus rewards are promotional, do not constitute property, have no cash value, are not redeemable for cash except as otherwise required by law and are not redeemable to purchase gift certificates or gift cards. No portion of ExtraCare Plus fees constitutes consideration for bonus rewards. Bonus rewards are issued by and are the sole obligation of CVS Pharmacy, Inc.

Modifications, notices and e-mail communications

We may notify you of updates to these terms for ExtraCare Plus, at our discretion, except as required by law, by email, regular mail, posting on CVS.com, posting in participating CVS Pharmacy locations or through any other reasonable means, including posting updated terms to CVS.com. Except as required by law, CVS will give ExtraCare Plus notices by email or other method selected by CVS. Continued participation in ExtraCare Plus following updates to these terms constitutes notice and acceptance of updates. By providing your email address, you agree to allow CVS to send you emails about your account, as well as promotional emails about ExtraCare Plus and other CVS offerings. If you no longer wish to receive future promotional emails from us, you can call 1-800-SHOP CVS 1-800-746-7287 (TTY:711), mail us at Customer Relations, One CVS Drive, Woonsocket, RI 02895 or follow the link to unsubscribe at the bottom of our emails.

Termination

CVS may suspend or terminate any ExtraCare Plus account for any reason at our discretion. Membership fees will not be refunded if CVS believes a member has abused privileges or violated terms of ExtraCare Plus. CVS may terminate ExtraCare Plus, or any benefit thereunder, at any time, for any reason, by providing notice in accordance with these terms. Upon termination, CVS may elect to maintain benefits until expiration of membership terms or refund a pro rata portion of membership fees.

Participation is at member’s sole risk

ExtraCare Plus and its benefits are provided on a strictly “as is” and “as available” basis.

CVS makes no warranty (express or implied, including any implied warranties of merchantability, fitness for a particular purpose or arising from course of performance) with regard to ExtraCare Plus or its benefits, including no warranty as to results from use of ExtraCare Plus. CVS, its affiliates and partners (“CVS parties”) are not liable for any damages (direct, indirect or otherwise) under any theory of liability arising from use or operation of ExtraCare Plus, or with unavailability of any ExtraCare Plus benefits, even if advised of the possibility of such damages. Liability of the CVS parties, in the aggregate, shall not exceed fees paid by the member for that member’s current membership.

No advice or information from or through CVS or any of its employees or associates shall create any warranty. Some jurisdictions may not allow exclusion of certain damages and implied warranties, so some of these exclusions may not apply to you.

Dispute resolution

ARBITRATION AGREEMENT; JURY TRIAL WAIVER; CLASS ACTION WAIVER; JURISDICTION AND VENUE.

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT. THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION ALSO CONTAINS PROCEDURES FOR FINAL BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION (COLLECTIVELY, “CLASS ACTION”) IN ARBITRATION OR LITIGATION.

THIS SECTION ALSO ADDRESSES THAT YOU AND CVS ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND TO FILE OR PARTICIPATE IN A CLASS ACTION SUBJECT TO THE LIMITED EXCLUSION BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Most customer concerns can be resolved by calling Customer Service at 1-800-SHOP CVS 1-800-746-7287 (TTY:711). In the event Customer Service is unable to resolve a complaint to your satisfaction, this Section explains how any Dispute (as defined below) will be resolved.

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

a) Arbitration Agreement. YOU AND CVS AGREE THAT ANY DISPUTE (DEFINED BELOW) SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION EXCEPT AS OTHERWISE PROVIDED HEREIN. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE INDIVIDUAL CLAIMS HEARD IN SMALL CLAIMS COURT IF THOSE CLAIMS QUALIFY FOR SMALL CLAIMS COURT AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS ACTION BASIS). ANY DISPUTE OVER WHETHER CLAIMS QUALIFY FOR SMALL CLAIMS COURT IS FOR THE SMALL CLAIMS COURT TO DECIDE IN THE FIRST INSTANCE AND, IF NECESSARY, FOR A COURT OF COMPETENT JURISDICTION TO DECIDE.

You and CVS agree that this Agreement affects interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a Dispute is subject to arbitration.

For purposes of this Section, “Dispute” shall include, but is not limited to, any claims or controversies between you and CVS that are related in any way to this Agreement, including, but not limited to, your use of the Site, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, and/or any communications between you and CVS, whether occurring on the Site, in-store, or otherwise, even if the Dispute arises after the termination of your relationship with CVS. “Dispute” also includes, without limitation, claims that: (a) you bring against CVS; (b) CVS brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and CVS, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before you entered into this Agreement or out of a prior agreement with CVS (including, without limitation, claims relating to advertising); (e) are subject to ongoing litigation where you are not a party or a member of a certified class; and/or (f) arise after the termination of this Agreement. “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property or claims for personal bodily injury, which shall not be subject to arbitration or the notice and informal process described below. The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to the scope, validity, and enforceability of the Arbitration Agreement or any of the provisions of this Section; (c) any issues arising from or relating to the arbitrability of any Dispute; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Arbitration Agreement—all of which are for a court of competent jurisdiction to decide. This Arbitration Agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.

1. Mandatory Pre-Arbitration Informal Dispute Resolution. You and CVS agree to engage cooperatively to try to resolve any Dispute informally prior to you or CVS initiating an arbitration proceeding. You or CVS must first send a written notice to the other party providing a detailed description of the Dispute; your or our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or us to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the Dispute and any claims and (b) the nature and basis of the relief sought (including a detailed calculation of any damages). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice to you must be personally signed by a CVS representative (and our attorney if we are represented by legal counsel).
   
   Your notice to CVS must be sent to CVS Pharmacy, Inc., c/o CT Corporation System, 450 Veterans Memorial Parkway, Suite 7A, East Providence, RI 02914. Our notice to you must be sent to the most recent contact information that you have provided to us.
   
   For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the Dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If requested by you in connection with a notice initiated by us, we agree to have a CVS representative personally participate in an individualized, telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration.
   
   Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process.
   
   If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and the parties agree that any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.
   
   
2. Arbitration Rules and Procedures; Individualized Relief; Fees. To begin an arbitration proceeding, you must send an arbitration demand to National Arbitration and Mediation (“NAM”) with a copy to CVS Pharmacy, Inc., c/o CT Corporation System, 450 Veterans Memorial Parkway, Suite 7A, East Providence, RI 02914, or we must send an arbitration demand to NAM with a copy sent to you at the most current address we have on file. The arbitration demand must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice. The arbitration demand and certification must be personally signed by you and your attorney, if you are represented by legal counsel (if you are initiating arbitration) or by a CVS representative or our attorney, if we are represented by legal counsel (if we are initiating arbitration). By filing the arbitration demand, the party and its attorney initiating the arbitration represent that to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is expressly authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.
   
   The arbitration will be administered by NAM under its applicable rules, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable (“NAM Rules”), as modified by this Arbitration Agreement. The NAM Rules and fee information are available at www.namadr.com. If NAM is unavailable or unwilling to administer the arbitration consistent with the NAM Rules as modified by this Arbitration Agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree on an administrator, they shall jointly petition a court of competent jurisdiction to appoint an administrator that will administer the arbitration consistent with the NAM Rules as modified by this Arbitration Agreement. Payment of all arbitration fees will be governed by the NAM Rules. Notwithstanding the foregoing, the arbitrator may issue an award pursuant to Federal Rules of Civil Procedure 11 and 68 as referenced in this Arbitration Agreement. CVS will consider a request to reimburse the consumer filing fee upon a demonstration of hardship. You and we agree that the parties have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with NAM regarding fees, and you and we agree that the parties (and your and our counsel, if you and we are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
   
   You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing. You and CVS reserve the right to request a hearing in any matter from the arbitrator. You and CVS agree that you and a CVS representative will personally appear at any hearing (along with your and our respective legal counsel, if the parties are represented by counsel). If an in-person arbitration hearing is required, then it will be conducted at a location in the United States county where you live or work or such other location agreed upon by both parties.
   
   The arbitration will be conducted by a single arbitrator who will apply this Agreement as a court would and will adjudicate any Dispute according to applicable law and facts based upon the record only. The arbitrator shall issue a reasoned written award. The cost-shifting provisions of Federal Rule of Civil Procedure 68 shall apply and be awarded by the arbitrator if required by the Rule. The arbitration award shall have no preclusive effect in any other arbitration or proceeding that does not involve you and CVS. An award that has been satisfied may not be entered in court.
   
   UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND CVS AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S PARTICULAR CLAIM. THE ARBITRATOR MAY NOT ISSUE A “PUBLIC INJUNCTION.” THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.
   
   
3. Additional Procedures for Mass Filings. You and CVS agree that these procedures (in addition to all others provided in Section) shall also apply if you choose to participate in a “Mass Filing” (defined below).
   
   If 25 or more similar Disputes (including yours) are asserted against CVS by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), consistent with the definition and criteria of Mass Filing set forth in the NAM Rules, you understand and agree that by choosing to be part of a Mass Filing, these additional procedures shall apply, and the resolution of your Dispute might be delayed and ultimately proceed in court if not resolved through the process set forth below. The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Disputes, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of claims.
   
   If your claim is part of a Mass Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that the Mass Filing is first submitted to NAM until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this Section.
   
   STAGE ONE: Counsel for the claimants and counsel for CVS shall each select 25 claims per side (50 claims total) to proceed as cases in individual arbitration proceedings as part of an initial staged process. Alternatively, either side’s counsel may elect to have their 25 cases selected randomly. The number of Disputes to be selected to proceed as part of this initial staged process can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed in individual arbitrations. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any administrative fees be assessed or collected in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If after this initial set of proceedings the parties are unable to informally resolve the remaining Disputes, they shall participate in a global mediation session with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and CVS shall pay the mediator’s fee.
   
   STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for CVS shall each select 50 Disputes per side (100 claims total) to be filed and to proceed as cases in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Alternatively, either side’s counsel may elect to have their 50 Disputes selected randomly. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 200 Disputes, all shall proceed individually in Stage Two). No more than 3 cases may be assigned to a single arbitrator to proceed individually unless the parties agree otherwise. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any administrative fees be assessed or collected in connection with those claims. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and CVS shall again pay the mediator’s fee.
   
   Upon the completion of the global mediation session set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may only proceed in a court of competent jurisdiction consistent with this Agreement. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of the remaining Disputes in individual arbitration proceedings consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel for the parties) or through another mutually-agreeable process.
   
   A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Filings section of the Arbitration Agreement, including by enjoining the Mass Filing, and the prosecution or administration of arbitrations.
   
   The Additional Procedures for Mass Filings section of the Arbitration Agreement and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this section applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of this Agreement.
   
   
4. Opt-out. You have the right to opt out of arbitration by sending your personally signed, written notice of your decision to opt out to the following address: CVS Pharmacy, Inc., c/o CT Corporation System, 450 Veterans Memorial Parkway, Suite 7A, East Providence, RI 02914, postmarked within 60 days of the first time you agreed to terms with CVS that included an arbitration agreement. You must include: (a) your name and residential address; (b) the email address and/or telephone number associated with your account; and (c) a clear statement that you want to opt out of arbitration and seek to have any Dispute addressed in a court of competent jurisdiction consistent with this Agreement. By opting out of arbitration, all other provisions in this Agreement, including the class action waiver and jury trial waiver, remain in effect to the fullest extent permissible by applicable law.
   
   
5. Severability and Survival. Except as specifically provided in the Arbitration Agreement (e.g., the Additional Procedures for Mass Filings), if any part or parts of this Arbitration Agreement is/are found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of this Agreement.
   
   
6. Governing Law. These Terms, all transactions related to CVS and all related matters are governed by the Federal Arbitration Act, applicable federal law and/or the laws of New York, without regard to any conflict of laws rules.
   
   
7. Future Changes to Arbitration Agreement. If we make any future changes to this Arbitration Agreement (other than a change to our mailing address), you may reject any such change by sending your personally signed, written notice to the following address: CVS Pharmacy, Inc., c/o CT Corporation System, 450 Veterans Memorial Parkway, Suite 7A, East Providence, RI 02914, postmarked within 30 days of the change. Such written notice does not constitute an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and CVS in accordance with this version of the Arbitration Agreement.

b) Waiver of Jury Trial; Waiver of Class Actions. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND CVS WAIVE THE RIGHT TO A JURY TRIAL. YOU AND CVS ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN LITIGATION IN COURT. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

Indemnification

You hereby agree to indemnify, defend and hold the CVS parties harmless from any liability, loss, claim and expenses (including reasonable attorneys’ fees) related to or arising out of your violation of these terms.

Contact us

Call 1-800-SHOP CVS 1-800-746-7287 (TTY:711) for assistance, including to cancel membership. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by phone at 1-916-445-1254 (TTY:711).