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Walgreens Terms of Use

Last Modified: January 2, 2024

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and Walgreen Co., on behalf of itself and its affiliates (“Walgreens,” “we,” “us,” or “our”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of virtualhealthcare.walgreens.com (the “Website”) including any content, functionality, and services offered or otherwise made available on or through our Website (collectively, the “Platform”), whether as a guest or a registered user.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform, you accept and agree to be bound and abide by these Terms of Use and our Online Privacy & Security Policy and Notice of Privacy Practices, incorporated herein by reference and made part of these Terms of Use. If you do not agree to these Terms of Use, you may not access or use our Platform.

If you are accessing the Platform on behalf of a corporation, government entity, or other legal entity, you further represent and warrant that you have the right, power, and authority to enter into these Terms of Use on behalf of such corporation, government entity, or other legal entity. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with Walgreens and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use the Platform.

2. The Platform – No Medical Care or Advice

The Platform is powered and operated by a third-party service provider (“Vendor”) to Walgreens. Walgreens and Vendor are not medical groups and do not provide medical advice, care, and/or treatment. Walgreens provides administrative and management services to independent, physician-owned and operated, medical practices. Walgreens contracts with the Walgreens Health Medical Group, P.A. and its affiliated medical groups (“Medical Group”), which are independent medical groups with a network of United States based health care providers (each, a “Provider”) to provide online telehealth clinical consultations, services, and/or treatment. The professional medical services provided by Medical Group through the use of our Platform are collectively referred to in this Terms of Use as the “Services.”

Any Services obtained through our Platform are provided by Providers, including but not limited to Medical Group. Walgreens licenses the “Walgreens” brand name to Medical Group and other affiliated medical practices that use our Platform to assist in the provision of Services. Each Walgreens-branded practice is owned and operated by a licensed physician. Each Walgreens-branded practice engages a network of United States based clinicians who provide the Services. The Providers deliver the Services via the Platform to their patients. Walgreens does not provide medical advice or care, own or operate the medical practices, employ or in any way supervise the clinicians providing medical care, and control over the Services provided is the sole responsibility of the Medical Group and the Providers they employ. Services and practices may vary across Providers, and patients should contact Medical Group directly at (866) 740-7721 for all questions concerning their medical care.

3. Not for Emergencies

Our Platform and the Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform.

IF YOU BELIEVE YOU ARE EXPERIENCING AN EMERGENCY, CALL 9-1-1 IMMEDIATELY.

You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary healthcare provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.

4. Risk of Telehealth Services

By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.

5. Prescription Policy

Certain products available through the Platform require a valid prescription prescribed by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription. If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill the prescription at any pharmacy of your choice as prompted during your use of the Services.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

6. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Platform.

Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access our Platform so you are aware of any changes, as they are binding on you.

7. Privacy Practices

All information we collect on or through the Platform, and that you provide in connection with the Services, is subject to our Online Privacy & Security Policy and the applicable Medical Group Notice of Privacy Practices. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with our Online Privacy & Security Policy and the Notice of Privacy Practices, which are incorporated by reference and made part of these Terms of Use.

8. Accessing the Platform and Account Security

We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Platform.
  • Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to log in using a third-party authentication method. You agree that all information you provide this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Online Privacy & Security Policy and Notice of Privacy Practices, which is hereby incorporated by reference into these Terms of Use and shall be deemed to have the same force and effect as if set forth in full herein. You hereby agree and consent to all actions we take with respect to your information consistent with our Online Privacy & Security Policy and Notice of Privacy Practices.

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your account. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach or threatened breach of our Platform’s security of which you become aware. You also agree to ensure that you exit from your account at the end of each session.

We have the right to disable any account, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND WALGREENS, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF OUR PLATFORM BY ANYONE USING YOUR ACCOUNT, WHETHER OR NOT SUCH ACCESS TO AND USE OF OUR PLATFORM IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES ON OR THROUGH OUR PLATFORM) THAT MAY RESULT FROM SUCH ACCESS OR USE.

9. License to Access and Use Our Platform and Content

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Platform provided, however, such license is subject to your compliance with these Terms of Use. If any content or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Platform, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such content, and materials provided to you as part of the Platform. In each case for the sole purpose of enabling you to use the Platform as permitted by these Terms of Use.

10. Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned or licensed by Walgreens, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

  • Modify copies of any materials from the Platform.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Walgreens. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

11. Payment

You can pay for the Services on the Platform. To simplify the user experience on the Platform, you are able to pay for your purchases via the Platform with Walgreens serving as payment processing agent on your behalf. If you elect to purchase a Service from the Medical Group, then the total price you pay includes the amount charged by Medical Group for the Service. We collect the amounts charged by Medical Group on your behalf and pass through to them the payment for their actual charges. Before making a purchase, you will see the actual charges by Medical Group for the Services.

12. Trademarks

The Walgreens name, the term Walgreens, the Walgreens logo, and all other Walgreens related names, logos, product and service names, designs, and slogans on the Platform are trademarks, tradenames, and servicemarks of Walgreens or its affiliates or licensors. You must not use such marks without the prior written permission of Walgreens, which we can grant or deny in our sole and absolute discretion.

All other third-party names, logos, product and service names, designs and slogans on the Platform are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Walgreens.

13. Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Walgreens, a Walgreens or Medical Group employee or Provider, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • For or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to Walgreens.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Walgreens or users of the Platform or expose them to liability.

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in the Services or real-time activities through the Platform.
  • Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Platform.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Platform.

14. Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any content from the Platform for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for Walgreens.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
  • Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone violating these Terms of Use. YOU WAIVE AND HOLD HARMLESS WALGREENS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

15. Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and you hereby fully reblease us from any liability associated with your reliance on such information. Further, we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

The estimated wait time displayed on the Platform are provided for informational purposes only and represents historical wait time trends. The information is not a guarantee of maximum wait time for any individual. Neither Walgreen, Medical Group, or the Providers assumes any responsibility or liability for any reliance placed on estimated wait times.

16. Electronic Communications

When you use the Platform, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Walgreens, Medical Group, and your Provider may contact you by telephone, mail, or e-mail to verify your information. Walgreens, Medical Group, and your Provider may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Platform. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.

17. Changes to the Platform

We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

18. Linking to the Website

You may link to our homepage or Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. In addition, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

19. Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

20. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WALGREENS, VENDOR AND MEDICAL GROUP EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR PLATFORM. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. OUR PLATFORM AND ALL CONTENT, PRODUCTS, AND SERVICES RELATED TO OR OTHERWISE OFFERED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WALGREENS AND MEDICAL GROUP (AND THEIR SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WALGREENS AND MEDICAL GROUP DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WALGREENS, VENDOR AND MEDICAL GROUP WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE WALGREENS AND MEDICAL GROUP ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, WALGREENS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM WALGREENS AND MEDICAL GROUP, THE THIRD PARTY SERVICE PROVIDERS MENTIONED HEREIN OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD WALGREENS OR MEDICAL GROUP RESPONSIBLE FOR ANY BREACH OF SECURITY.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF CONTENT, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM, SERVICE OR WEBSITES.

21. Limitation on Liability

UNDER NO CIRCUMSTANCES WILL WALGREENS, MEDICAL GROUP, VENDOR OR THE PROVIDERS BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR PLATFORM, ANY OF THE FEATURES OR FUNCTIONALITIES OF OUR PLATFORM, ANY CONTENT ON OUR PLATFORM, ANY PRODUCTS, SERVICES, OR ITEMS PROVIDED TO YOU OR OTHERWISE OBTAINED BY YOU THROUGH OR IN CONNECTION WITH YOUR USE OF OUR PLATFORM, OR ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF OUR PLATFORM OR ANYONE ELSE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA, USE, BUSINESS, GOODWILL, REVENUE, PROFITS OR ANTICIPATED SAVINGS, OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF WALGREENS, VENDOR AND MEDICAL GROUP UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE THOUSAND U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

22. Indemnification

You agree to indemnify, defend, and hold us, and our affiliates, licensors, licensees, successors, distributors, and each of our and their respective officers, directors, managers, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”), harmless from and against any claims or demands, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney's fees and costs), arising out of or relating to: (i) your violation of law, these Terms of Use, or our Online Privacy & Security Policy; (ii) your posting of User Contributions, or any other use or misuse of the Platform; or (iii) infringement of a third party's intellectual property or other rights by you, or another user of the Platform using your computer, device or account.

23. Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

In the event of any dispute or claim involving intellectual property, or in the event the arbitration described in Section 24 is not available or upon mutual agreement of both parties to waive arbitration, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal or state courts located in New Castle County, Delaware, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

24. Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY USING THE PLATFORM, YOU AND WALGREENS AND MEDICAL GROUP (FOR PURPOSES OF THIS SECTION 24, WALGREENS AND MEDICAL GROUP SHALL BE COLLECTIVELY REFERRED TO AS “WALGREENS”) ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WALGREENS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

You and Walgreens agree that all claims and disputes arising from or relating in any way to the subject matter of these Terms of Use, your use of our Platform, or your and Walgreens dealings with one another in connection with our Platform, shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this section. This agreement to arbitrate is intended to be interpreted broadly. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) under the JAMS Comprehensive Arbitration Rules and Procedures then in effect, except as modified by this section. The Comprehensive Arbitration Rules and Procedures are available online at jamsadr.com/rules-comprehensive-arbitration/. You agree that, by agreeing to these Terms of Use, the Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this section.

There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. Neither you nor Walgreens will be able to have a court or jury trial or participate in a class action or class arbitration. You and Walgreens each further understand and agree that by agreeing to resolve any dispute through individual arbitration:

YOU AND WALGREENS ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, YOUR USE OF OUR PLATFORM, OR YOUR AND WALGREENS’ DEALINGS WITH ONE ANOTHER IN CONNECTION WITH OUR PLATFORM MUST BE COMMENCED IN ARBITRATION WITHIN TWO YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER SUCH TWO-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

You and Walgreens agree that all challenges to the validity and applicability of the arbitration provision (i.e., whether a particular claim or dispute is subject to arbitration) shall be determined by the arbitrator. Notwithstanding any provision in these Terms of Use to the contrary, if the class action waiver above is deemed invalid or unenforceable, neither you nor Walgreens will be entitled to arbitration. If the arbitration provision in this section is found unenforceable or to be not applicable for a given dispute, then the proceeding must be brought exclusively in the state and federal courts of competent jurisdiction located in Cook County, Illinois, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by all limitations on liability and damages included in these Terms of Use. This arbitration provision will survive termination of your use of our Platform. This arbitration provision involves interstate commerce and, therefore, shall be governed by the FAA, and not by state law. Information on JAMS, how to start arbitration, and a description of the arbitration process can be found at www.jamsadr.com.

25. Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Platform in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.

26. Waiver and Severability

No waiver by Walgreens of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Walgreens to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

27. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to Walgreens for which monetary damages would not be an adequate remedy and Walgreens shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

28. Digital Millennium Copyright Act

If you believe any Walgreens Content infringes on your copyright, please click here for instructions on how to notify us.

29. COPYRIGHT & TRADEMARK INFORMATION

Copyright ©2024 Walgreen Co. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

30. Entire Agreement

The Terms of Use, our Online Privacy & Security Policy and the Notice of Privacy Practices constitute the sole and entire agreement between you and Walgreens with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platform.

31. Your Comments and Concerns

The Platform is operated by Walgreens located at 108 Wilmot Rd., Deerfield, IL 60015. All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to (866) 740-7721.