Effective Date: July 25, 2023
Last Updated: September 12, 2023

 

 

Welcome to CVS Weight Coach! The CVS Weight Coach application is distributed by CVS Pharmacy on behalf of itself and/or one of its affiliates (“CVS”, “we” or “us”) and Cecelia Health and is manufactured by Healthie Inc.

 

This CVS Weight Management Program Agreement and CVS Weight Coach Terms of Use, which incorporates by this reference the Cecelia Health Terms of Use, (the “Agreement”) is an agreement between CVS and you. This Agreement applies to:

1. Your use or interactions with us the CVS Weight Coach, our websites (“Sites”) and web or mobile applications (“Services), (collectively, the “Site and Services”), and

2. The CVS Weight Management Program offered in connection with the Site and Services is hereinafter referred to as “the Program.”

Please read this Agreement carefully and completely before using the Site and Services. By tapping or clicking “I agree,” “I accept” or any other similar button or box with respect to this Agreement, by installing or using the Site or Services, you agree to be bound by this Agreement, which incorporates by this reference any additional terms and conditions made available to you in connection with the Program.

 

CVS may modify this Agreement at any time, and such modifications shall have immediate prospective effect following our notifying you of such modifications by any reasonable means, including by making available the modified Agreement through the Site or Services. Accordingly, you agree to review this Agreement periodically, and, following our making available a modified Agreement, your installation of any new version of the Site or Services, or your continued use of the Site or Services, shall be deemed your acceptance of the modified agreement. The “Last Updated” legend above indicates when this Agreement was last updated.

 

The information and resources contained on and accessible through the Site and Services are made available by CVS, its suppliers and vendors, and other third parties, in each case subject to your agreement to this Agreement. If you do not agree to this Agreement, you may not use the Site or Services and you shall terminate the installation process and/or cease all use of the Site or Services. If you have already downloaded the Services despite this prohibition, you must promptly delete the Services from your device and cease all use of any of the Services.

 

 

1. CVS Weight Management Program Consent

The Program is intended to help improve health outcomes related to weight management and anti-obesity medication (“AOM”) management for eligible participants through (i) individualized nutrition support, (ii) 24/7 personalized digital support through the CVS Weight Coach Application or online portal version of the CVS Weight Coach Application, and (iii) optimization of AOMs (when applicable) through board-certified medical providers. The Program is being offered to you through your employer and is being administered by Caremark PCS Health, L.L.C.. To participate in the Program, you must meet the eligibility criteria and agree to this Agreement.

 

As part of the Program, you consent to allow CVS to use certain health-related data the company previously gathered as part of your regular health plan or prescription drug coverage, and to collect new data to support the functions of the Program and to support research and future publications. Your data will never be sold or used for any underwriting or premium decisions and is protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

 

Please note that while your participation in the Program is voluntary, some plan sponsors may require that you take certain actions prior to AOM prescription benefit coverage.

 

Am I eligible to participate?

You are eligible to participate in the Program if you (i) are a member of an eligible CVS commercial health plan, (ii) reside in the United States, (iii) are at least eighteen (18) years old or older and (iv) meet one of the following criteria:

• Your BMI ≥30 without a comorbid condition,
• Your BMI ≥27 with a comorbid condition, or
• Your BMI ≥27 and you are currently prescribed and taking an AOM (collectively, “Eligibility Criteria”).
• Do not have exclusionary criteria*
• Exclusionary criteria includes: Bariatric surgery within the last year, current cancer diagnosis and/or treatment, advanced kidney disease, a recent (<3 months) cardiac event and/or advanced heart failure, a current eating disorder (i.e., anorexia nervosa), current pregnancy, breastfeeding or gestational diabetes, a hip/knee replacement within the last year, gallbladder disease

Please consult your healthcare provider if you have any questions regarding your participation in the Program.

 

 

If I enroll in the Program, what am obligated to do?

By enrolling in the Program, you agree to

1. Download the CVS Weight Coach mobile application or access the online version through the Site.
2. Complete the virtual screener questionnaire through the Site or Services.
3. Schedule and complete a virtual health assessment with the Program’s independent clinician, Cecelia Health;
4. Provide or obtain required labs;
5. Complete the two action(s) listed below at least once every calendar month:

Through your participation, you are also consenting to receive notifications from the CVS Weight Coach. These notifications could include phone calls, emails or SMS text messages about healthy nutrition choices or reminders to complete Engagement Requirements, as well as updates about the Program. For example, you may receive a message encouraging you to complete an activity within a set number of days to remain in the Program.

 

 

What happens if I do not satisfy the Engagement Requirements?

You must complete the two Engagement Requirements each calendar month to remain enrolled in the Program. If you fail to meet this Program requirement, you will receive a letter from CVS notifying you that you have been withdrawn from the Program, as a result your medications may no longer be covered. If you have questions regarding your medication coverage, please contact your employer. If you have questions regarding your withdrawal from the Program, please contact (800) 706-9317.

 

 

What data may be used by CVS as part of the Program?

By agreeing to participate in the Program, you acknowledge that the categories of information listed under this question below (“Program Data”) may be used as described in our Privacy Policy. Most of the Program Data is information that CVS already has about you as a member of one of its health plans and uses to support and administer your benefits. CVS may use data it has previously collected about you in order to offer health suggestions and help develop, tailor, and personalize your experience with the Program. This includes data from your CVS claims and your interactions with CVS and its affiliates and service providers.

 

Existing CVS health-related information that may be used as part of the Program includes:

• Contact Information, such as your name, email address, and a signed copy of this Agreement.
• Demographic information, such as your birth year, gender, zip code, self-reported race/ethnicity, family size, and for your neighborhood, average income and education level.
• Health conditions and medication information, such as a list of your medications, adherence to those medications, a risk score based on your medical conditions, and history and date of diagnosis of certain diseases and chronic conditions which may include conditions such as substance-related disorders, heart-related conditions, mental health conditions, cancer, genetic information, sexually transmitted and communicable diseases, including HIV/AIDS, and reproductive health information.
• Health care usage, such as the health care services you use (e.g., hospital, lab, emergency department, primary care provider), total annual health care costs, number of visits to health care providers and health care facilities (e.g., imaging, provider visits), and dates of service.
• Health care coverage, including type of coverage, and plan sponsor category.

The limited new health-related information that may be collected from or about you as part of your participation in the Program includes:

• Health information, including data related to sleep, nutrition, activity and active calories, heart rate, body measurements, number of times you have fallen, VO2 max, blood pressure, ketones, weight, blood glucose, workout-related information, exercise minutes, geolocation, and demographic information. You can also specifically select which fields to share with CVS, though reducing the data shared may prevent certain Program functionality. For the health and fitness fields you choose to share with CVS, we may also collect historical data for 3 to 6 months preceding your enrollment in the Program, where available.
• Program notifications, such as the specific content of certain Program notifications/messages received, why a notification/message was sent, when a notification/message is received, when and the frequency with which you respond to the notifications/messages, and your response to any notifications/messages.
• Engagement with the Site and Services, such as app launches, your responses to any surveys, communication through chat, and rewards earned, if any, under the Program].
• Device and Site and Service related information, such as device model, software and app version, and app related logs, such as file generation and upload records.

For a complete list of the data elements that will be shared as part of the Program, you can email  hello@cvsweightcoach.com.

 

CVS may also engage third parties to support the Program. For example, Cecelia Health, an independent virtual healthcare provider, will provide service through the Site and Services.

 

 

Who is Cecelia Health?

Cecelia Health is an unaffiliated vendor that CVS has contracted with to provide services as part of the Program. Cecelia Health offers virtual medical services that are considered a health care service. The personalized clinical support, education, advisory, and management services are meant for individuals diagnosed with or predisposed to chronic diseases. Even though Cecelia’s Programs are considered health care services, they are virtual telehealth/telemedicine services and cannot replace certain types of treatment and care that you receive from in-person visits with your physician. You must sign Cecelia Health consents, which are separate and distinct from the Program consent, to receive the services from Cecelia Health.

 

Please consult your healthcare provider or primary care physician if you have any questions regarding your participation in the Program or any recommendations provided by Cecelia Health.

 

If you enroll in the Program, you should always consult with your professional health care provider prior to making any decisions, undertaking any actions, or not undertaking any actions related to any health care problem or issue or your medications. You should never disregard, avoid, alter, or delay obtaining medical advice from your healthcare provider because of information obtained through the Program, including Cecelia Health. You should consult with your health care provider before starting or adjusting your diet, fitness, medication, or supplement regimen.

 

 

What purposes may my data be used for?

Your Program Data will never be sold or used for any underwriting, premium or coverage decisions.

 

The Program Data you share may be used to support, assess, and evaluate the Program, including to adjudicate rewards granted under the Program (if any), to identify and deliver messages that may be of interest to you, to identify correlations between data collected and messages delivered as part of the Program, to support and maintain the Weight Coach App, to develop and refine the Program, and to understand overall Program effectiveness. CVS may also make you aware of benefits available in your plan that promote healthy living.

 

 

How long is my consent valid for?

This consent is valid until you withdraw or are withdrawn from the Program. You may be prompted to re-consent to participate in the Program, including in particular if the Agreement or the nature of the Program changes in any material way, such as the inclusion of new categories of data or changes to the purposes for which your information may be used.

 

 

What happens if I no longer want to participate?

You can stop participating in the Program at any time. You can withdraw from the Program by contacting Weight Management member support at (800) 706-9317. You may also be withdrawn from the Program if you are no longer meet Eligibility Criteria or fail to meet the Engagement Requirements.

 

If you withdraw or are withdrawn from the Program, no additional data will be collected about you in connection with the Program, however, information that was previously collected about you may continue to be used as described in this Agreement and our Privacy Policy. It may take up to two business days to process any withdrawals.

 

 

Who can I speak to if I have questions about this consent and the Program?

If you have questions about this consent or the Program generally you can email hello@cvsweightcoach.com or call (800) 706-9317.

 

 

Consent

By agreeing to this Agreement, you acknowledge that you have read this consent carefully and that you understand all of its terms, are voluntarily entering into the Program and are electronically executing this Agreement. You understand that you are agreeing to share the Program Data listed above as part of the Program. You also understand that as part of the Program you are consenting to share your data as described in this consent. You understand that all Program Data will only be used as described in this consent and our Privacy Policy, or as otherwise required by law, and that you can withdraw from the Program at any time as described in this Agreement.

 

 

2. Not a Substitute for Professional Health Care or Advice

THE SITE OR THE SERVICES INCLUDE INFORMATION REGARDING GENERAL PRINCIPLES OF HEALTH CARE MADE AVAILABLE TO YOU FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE SITE AND THE SERVICES DO NOT PROVIDE AND ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE, JUDGMENT, DIAGNOSIS, AND/OR TREATMENT FROM A HEALTH CARE PROVIDER. THE SITE IS NOT A MEDICAL DEVICE INTENDED FOR THE DIAGNOSIS, MITIGATION, OR TREATMENT OF ANY DISEASE, HEALTH CONDITION, OR HEALTH PROBLEM. THE SITE AND THE SERVICES DO NOT MONITOR YOU FOR HEALTH ISSUES.

 

IF YOU ARE NOT FEELING WELL OR HAVE ANY HEALTH CONCERNS OR QUESTIONS, PLEASE CONTACT AN APPROPRIATE HEALTH CARE PROFESSIONAL. IF YOU ARE EXPERIENCING A MEDICAL CRISIS, CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.

 

You should consult with a professional health care provider prior to making any decisions, undertaking any actions, or not undertaking any actions related to any health care problem or issue or your medications. You should never disregard, avoid, alter, or delay obtaining medical advice from a licensed practitioner because of information in the Site or the Services. You should consult with your health care provider before starting or adjusting your diet, fitness, medication, or supplement regimen. Exercise involves inherent risks, including risk of injury. Certain exercises may not be appropriate for everyone or may pose risks even if you are in good health.

 

The Site and the Services do not provide comprehensive information concerning any particular disease or medical condition. Proper treatment of health conditions depends upon a number of factors, including among other things, your complete medical history, diet, lifestyle, and medication regimen. The Site and the Services do not take all of these factors into account when providing educational information. Only your health care provider can provide medical advice to assess and address your individual health care needs. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement discussed in the Site or the Services. CVS does not endorse or verify manufacturers’ or others’ claims about the safety or efficacy of these or any other products.

 

No statements made in the Site or the Services have been evaluated by the Food and Drug Administration.

 

 

3. License

Subject to your compliance with this Agreement, and solely for so long as you are permitted by CVS to use the Software, CVS grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license (without right of sublicense) to install and use the Software on your device solely for your personal, non-commercial use. The Software is licensed, not sold, to you.

 

You have no ownership rights in, or related to, the Site or the Services. As between CVS and you, CVS retains all right, title, and interest in and to the Site and the Services (including any changes, modifications, or corrections thereto).

 

 

4. Location Based Services

By downloading the Services and enabling your Bluetooth capabilities and/or location-based services on your device, you expressly consent to CVS or its suppliers or vendors collecting the precise location information of your device. This information may be used in accordance with our Privacy Policy. Please see our Privacy Policy for further information.

 

 

5. United States Only Restriction

The Site and the Services, including the information pertaining to CVS, are intended for use only by residents of the United States, and are not intended to subject CVS to any non-U.S. jurisdiction or law. The Site and the Services may not comply with legal requirements of foreign countries. Other countries may have laws, regulatory requirements and medical practices that differ from those in the United States. Any portion of the Site, the Services or any other product or service provided by CVS is void where and to the extent prohibited by law, and you may not use the Site or the Services where it would be illegal to do so. We may limit the availability of the Site or the Services at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

 

 

6. Usage Rules and Requirements

You agree that your use of the Site and the Services shall be subject to and governed by any use requirements applicable to the Site or the Services that are established from time to time by CVS or otherwise made available to you by CVS. You agree to use the Site and the Services only in accordance with these requirements.

 

You acknowledge that the Site and the Services contain proprietary trade secrets of CVS and/or its licensors and suppliers. You may not (a) submit any automated or recorded requests to the Site or the Services unless otherwise approved by CVS; (b) access the Site or the Services with software or other means other than the Services; (c) copy, reproduce, port, translate, modify, distribute, sell, rent, lease, loan, timeshare, create derivative works based on, or otherwise exploit the Site or the Services or in any other manner duplicate the Site or the Services, in whole or in part; (d) decompile, disassemble, reverse engineer, or otherwise attempt to derive, reconstruct, identify, or discover any source code, underlying ideas, or algorithms of the Site or the Services by any means, except to the extent the foregoing restriction is prohibited by applicable law; (e) remove any proprietary notices, labels, or marks from the Software or the Services; (f) use the Site or the Services for purposes of comparison with or benchmarking against products or services made available by third parties; or (g) knowingly take any action that would cause the Site or the Services to be placed in the public domain. You agree to use the Site and the Services only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Site or the Services in any way. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Site or the Services (including by means of hacking or defacing any portion of the Site or the Services, or by engaging in spamming, flooding, or other disruptive activities, including with respect to the servers or networks used to make the Site and the Services available) will not be tolerated. You are strictly prohibited from communicating on or through the Site or the Services any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

 

You must not (a) transmit or otherwise make available through or in connection with the Site or the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, ransomware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment; (b) harvest or collect information about users of the Site or the Services; or (c) systematically download and store Site or Services content.

 

We reserve the right to terminate or suspend your access to and use of the Site or the Services without notice, if we believe, in our sole discretion, that your actions are in violation of any applicable law or are harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party partners, affiliates, sponsors, providers, licensors, or merchants.

 

With respect to any information you provide, you agree to provide true, accurate, current, and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep such information true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or if we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Site or the Services. Because any termination of your access to the Site or the Services may be affected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site or the Services. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or the Site or the Services.

 

In connection with creating or maintaining an account, you may be asked to supply a user name and password, and/or a biometric identifier (such as a fingerprint or photograph of your face), or a personal identification number (PIN) or other access credential (collectively, “Access Credentials”) in order to use the Site and/or any or all of the Services. Further, the Site or Services may use or permit the use of authentication technologies (“Authentication Technologies“) in connection with your use of the Site and/or any or all of the Services, including in connection with your Access Credentials.

 

YOU ACKNOWLEDGE AND AGREE THAT, IF THE SITE OR THE SERVICES USES OR PERMITS USE OF BIOMETRIC-BASED AUTHENTICATION TECHNOLOGY, ANYONE WITH A RELEVANT BIOMETRIC IDENTIFIER (SUCH AS A FINGERPRINT) STORED ON YOUR DEVICE MAY HAVE ACCESS TO YOUR ACCOUNT AND BE MAY BE ABLE TO USE THE SITE AND/OR ANY OR ALL OF THE SERVICES (INCLUDING TO MAKE OR ENGAGE IN TRANSACTIONS).

 

You are responsible for maintaining the confidentiality of your Access Credentials and are fully responsible for all activities that occur in connection with your Access Credentials. You agree to immediately notify us of any unauthorized use of your Access Credentials or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Site or the Services using your Access Credentials.

 

We may refuse to grant you an Access Credential requested by you that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. For security reasons, Access Credentials must be non-obvious, hard-to-guess, confidential, and changed on a regular basis, and you must log out at the end of each session. All Access Credentials remain the property of CVS, and may be cancelled or suspended at any time by CVS without any prior notice or any liability to you or any other person. CVS is not under any obligation to verify the actual identity or authority of the user of any Access Credential. If CVS, in its sole discretion, considers an Access Credential to be insecure, then CVS may cancel such Access Credential.

 

CVS is not required to host, display, or distribute any information you submit through the Site or Services and may remove at any time or refuse any information you submit through the Site or Services for any reason. The Site and the Services are not designed or intended to be used as a disaster recovery or emergency data storage facility and you are responsible for creating and maintaining copies of information you submit through the Site or Services prior to posting, uploading, or otherwise submitting such information.

 

 

7. Content, Copyrights, and Trademarks

The Site and Services and any related documentation including the content made available by CVS through the Site or the Services (collectively, the “Content”) is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by CVS and/or its licensors and suppliers. Any copyright or trademark notices may not be deleted or altered in any way. Our copyrights and trademarks may not be used in connection with any products or services that are not ours, or in any manner that is likely to cause confusion or otherwise violate our rights.

 

As between CVS and you, CVS owns all the Content, including text, graphics, legends, customized graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of this material. Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting, augmenting, distributing, downloading, storing, reproducing, sublicensing, adapting, creating derivative works of this Content, or posting this Content or selected portions of this Content in any manner on any network computer, broadcast media, or other technologies existing now or hereinafter developed for unauthorized publication or commercial use without the prior written consent of CVS is strictly prohibited. Except as expressly provided herein, you may not copy, modify, publish, transmit, sell, offer for sale, or redistribute the Content in any way without the prior written permission of CVS. You hereby agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any commercial purposes any portion of the Software, the Services, or Content, or to collect any information about Site or Services users. No title, rights, or interests in any downloaded materials via the Site or the Services are afforded to you as a result of such downloading for personal, noncommercial use. You may not assign this Agreement or any of the rights or licenses granted under this Agreement or rent, lease, or lend the Site or the Services to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this Agreement is void. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction.

 

The names, logos, and materials displayed in connection with the Site or the Services, including the CVS logo, CVS, Caremark, Caremark logo, CVS Weight Management and CVS Weigh Coach, constitute trademarks, trade names, service marks, or logos (“Trademarks”) of CVS or other entities. Ownership of all Trademarks and the goodwill associated therewith remains with CVS or those other entities, and nothing contained in this Agreement, the Software, or the Services should be construed as granting any right to use any Trademarks without the prior written consent of the owner of such Trademarks.

 

Any third-party Trademarks contained in or used by the Software or the Services, including Cecelia Health and Cecelia Health logo, are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall be for the benefit the trademark owner. The use of such third-party Trademarks is intended to denote interoperability and does not constitute (a) an affiliation by Company and its licensors with such company; or (b) an endorsement or approval of such third-party companies and its licensors and its products or services.

 

 

8. Suggestions and Feedback

You may elect to provide or make available to CVS any suggestions, comments, ideas, improvements, or other feedback or materials, whether related to the Site or the Services or otherwise (collectively, “Suggestions”).

 

Subject to any limitations set forth in our Privacy Policy, you hereby grant to CVS and its affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide license (sublicensable through multiple tiers) to use, analyze, distribute, reproduce, modify, adapt, derive, publish, translate, publicly perform, publicly display, and otherwise exploit your Suggestions (in whole or in part), in any format or medium now known or later developed for any purpose, whether in connection with the Program, the Site or the Services or otherwise.

Subject to the limitations set forth in this Agreement and our Privacy Policy, any Suggestions that you send through the Site or the Services are and will be deemed to be non-confidential, and CVS shall have no obligation of any kind with respect to such information. CVS will be free to (but has no obligation to) monitor, analyze and disclose Suggestions (and to authorize others to do the same) in any manner, and you will gain no right, title or interest in or to the Site or the Services by virtue of CVS doing so. CVS shall be free to (but has no obligation to) use any ideas, concepts, know-how or techniques contained in such Suggestions for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products.

 

You agree that you are solely responsible for all of your Suggestions You represent and warrant that: (a) you own all rights in your Suggestions or, alternatively, you have acquired all necessary rights in your Suggestions to enable you to grant to CVS all of the rights described herein; and (b) your Suggestions do not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Suggestion that you may have under any applicable law under any legal theory.

 

 

9. Changes and Updates to the Site or the Services and Compatibility

CVS will have no obligation to provide the Software or the Services, may change the form and nature of the Software or the Services at any time with or without notice to you, and may cease providing the Software or the Services at any time with or without notice to you.

 

CVS may choose to provide updates to the Software from time to time in its sole discretion. To the extent that you choose to download or use any such updates to the Software, you acknowledge that you will be bound by the version of this Agreement which is applicable as of the time you download and use any such update to the Software.

 

CVS does not represent or warrant that any version of the Site or the Services will be compatible with any hardware or software versions or applications (including any future versions or updates of your phone, tablet, computer, or its operating system) or provide the same functionality that is provided by the current version of the Site or the Services. The Site or the Services may not be compatible with your hardware or software versions or applications (including any specific versions of your phone, tablet, computer, or its specific operating system). CVS does not undertake any obligation to provide the Site or the Services to you in a way that is compatible with your hardware or software.

 

 

10. Privacy

Your submission of information through the Site or Services is governed by our Privacy Policy.

 

Anyone with access to your device may have access to notifications from the Software. If you share a device with others, consider carefully whether to set the device to receive notifications that you consider to be confidential. Remember to secure access to devices that you use to access the Software or the Services if you want to keep your reminders, notifications, or any other information relating to your account confidential.

 

Please note that certain information, including the physical location of your device, may be collected automatically by the Software or the Services, as described in our Privacy Policy.

 

 

11. Monitoring Use

CVS reserves the right (but does not have the obligation) to elect to electronically monitor use of our Site and our Services (including electronic communications made in connection with the Site and the Services) and may disclose any content, records, or electronic communication of any kind if permitted to do so by any applicable law, regulation, or government request, if such disclosure is necessary or appropriate to operate the Site or the Services, or to protect our rights or property, or the rights of the users, partners, affiliates, sponsors, providers, licensors, or merchants. If alerted to allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content.

 

 

12. Responsibility for Hardware, Site, Telecommunications and Other Services

You are responsible for obtaining, maintaining and paying for all hardware, software and all telecommunications and other services needed for you to use the Site and the Services.

 

In particular, you acknowledge that by using the internet to use the Site or the Services, you may incur charges from your wireless carrier, internet service provider, or other method of internet access, and that payment of any such charges will be your sole responsibility. CVS does not control wireless or internet access. Your use of these networks may not be secure and may expose your personal information sent over such networks.

 

 

13. Products and Transactions

Please note that references to or descriptions or images of products or available through the Site or the Services should not be interpreted as endorsements of such products or services and such products or services may be made available by CVS or by third parties. Resale of products or services made available to you in connection with the Site or the Services is specifically prohibited. We reserve the right to refuse to offer products or services to you if it reasonably appears to us that you intend to resell such products or services. Verification of information may be required prior to our acceptance of any order.

 

 

14. Telephone, Text and Fax Policy

By providing your residential or wireless phone and/or fax number(s) to CVS, you expressly consent to receive marketing and non-marketing autodialed and/or prerecorded calls, text messages and faxes (including fax advertisements) from or on behalf of CVS at the number(s) provided. Your consent to receive calls or texts on your wireless device is not a condition of any purchase. Consent may be revoked at any time by calling the toll-free number at (800) 706-9317. You may also send an opt-out request via email to hello@cvsweightcoach.com with the phone and/or fax number you wish to opt-out. Your wireless carrier’s standard message and data rates may apply.

 

 

15. Text Messaging Terms and Conditions

CVS or one or more of its affiliates offers access to pharmacy and healthcare service messages via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts. Enrollment in text alerts requires a patient to provide his or her own mobile phone number with an area code within the 50 United States or the District of Columbia. By enrolling to receive CVS text alerts, you agree to these terms and conditions, which become effective upon your enrollment. You may be asked to verify your mobile phone number before the service will start. This requires responding to a text alert sent to your mobile phone confirming your enrollment in this Service.

 

You acknowledge that text alerts will be sent to the mobile phone number you provide to CVS. Such alerts may include limited personal information about your prescriptions, and whoever has access to the mobile phone or carrier account will also be able to see this information. Once you enroll, the frequency of text alerts we send to you will vary. You will typically receive text alerts when we have information for you about your prescriptions or other healthcare information. CVS does not impose a separate charge for text alerts; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges. The following carriers are supported: AT&T, Sprint, Boost, Verizon Wireless, U.S. Cellular®, T-Mobile®, Cincinnati Bell, Alltel, Virgin Mobile USA, Cellular South, Unicel, Centennial and nTelos.

 

The CVS text alert programs are offered on an “as is” basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. CVS may change or discontinue any of its text alert programs without notice or liability to you. CVS and its related companies and each of their respective officers, directors and employees are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any CVS text alert program or from technical failures or delays of any kind. CVS reserves the right to cease delivery of text alerts to any person at any time in its sole discretion.

 

 

16. Electronic Communications

When you send electronic communications, including emails or text messages, to us, you are communicating with us electronically and consent to receive return communications, if any, from us electronically, including through the Software or the Services, or otherwise.

 

 

17. Resources

Although CVS reserves the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, Content, materials, services, products, merchandise, functionality or other resources (collectively, “Resources”) available on or accessible through the Site or the Services (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any service or product information listed on the Site or the Services. Resources may be made available by CVS or by third parties, and may be made available for any purpose, including for general information purposes. We make no representations, warranties or guarantees as to the availability, completeness, accuracy, reliability, validity or timeliness of any or all of the Resources.

 

 

18. Third Party Resources

The Service may contain links to, or otherwise make available, third-party sites, services, products, information, content, materials, merchandise, functionality and/or other resources (“Third Party Resources”). These links and access are provided for your convenience and reference only. We do not control such Third Party Resources and, therefore, we are not responsible for such Third Party Resources, or any content posted on or made available by such Third Party Resources. Be aware that CVS does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about such Third Party Resources, including without limitation the security of any Materials, or the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on or made available by such Third Party Resources or any other Internet sites. We reserve the right to terminate such links or such access at any time. The fact that we offer such links or access should not be construed in any way as an endorsement, authorization, or sponsorship of such Third Party Resources, or any content made available thereby. Because some Third Party Resources employ automated search results or otherwise link you to Third Party Resources containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in or made available by Third Party Resources and you hereby irrevocably waive any claim against us with respect to such Third Party Resources. Your use of any Third Party Resources is subject to the Third Party’s terms, conditions and policies applicable to such products, services or materials (such as Terms of Service or Privacy Policies of the providers of such products, services or materials). CVS is not responsible for the privacy and security of any information you share with that Third Party. When you elect to receive these services from a Third Party, you agree to hold that Third Party responsible for any unauthorized use or disclosure of your personal information.

 

 

19. Disclaimer of Warranty

CVS does not accept any liability for the consequences arising from the application, use, or misuse of any information on the Site or the Services, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise.

 

YOUR ACCESS AND USE OF THE SITE, THE SERVICES, RESOURCES, AND THIRD PARTY RESOURCES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, CONTENT, SERVICES, PRODUCTS, MATERIALS, UPLOADS, AUTHENTICATION TECHNOLOGIES, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH OR IN CONNECTION WITH ANY OF THE FOREGOING (COLLECTIVELY, THE “OFFERING”), IS SOLELY AT YOUR OWN RISK.

 

CVS AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (EACH AN “CVS PARTY” AND, COLLECTIVELY, THE “CVS PARTIES”) DISCLAIM ALL WARRANTIES WITH RESPECT TO THE OFFERING, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

 

THE OFFERING IS PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE OFFERING IS WITH YOU.

 

THE CVS PARTIES MAKE NO GUARANTEES AND DISCLAIM ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT THE OFFERING’S ACCURACY, RELEVANCE, TIMELINESS, OR COMPLETENESS. THE CVS PARTIES DO NOT WARRANT THAT THE OFFERING WILL MEET YOUR REQUIREMENTS IN ANY RESPECT OR BE AVAILABLE AT ANY PARTICULAR TIME, OR THAT THE OPERATION OF THE OFFERING WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE OFFERING OR NONCONFORMITY TO ITS DOCUMENTATION CAN OR WILL BE CORRECTED.

 

YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO CVS TO GRANT THE LICENSE CONTAINED IN THIS AGREEMENT AND TO PROVIDE YOU WITH ACCESS TO THE OFFERING.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CVS PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIALS OR RESOURCES OBTAINED THROUGH OR USING THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT ANY PASSWORD PROTECTION, ACCESS CREDENTIALS, AUTHENTICATION TECHNOLOGIES OR OTHER SECURITY MEASURES WILL PREVENT UNAUTHORIZED TRANSACTIONS OR ACCESS TO UPLOADS.

 

 

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY CVS PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), OR ANY DAMAGES WHATSOEVER ARISING OUT OF ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE USE (OR INABILITY TO USE), OPERATION, AVAILABILITY OR PERFORMANCE OF THE OFFERING (OR ANY PORTION THEREOF), OR YOUR RELIANCE ON THE OFFERING (OR ANY PORTION THEREOF), EVEN IF ANY CVS PARTY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE OFFERING (INCLUDING ANY AUTHENTICATION TECHNOLOGIES) MAY NOT BE SECURE, AND THAT PRIVACY AND SECURITY RISKS CANNOT BE ELIMINATED. ACCESS CREDENTIALS AND AUTHENTICATION TECHNOLOGIES MAY NOT PREVENT UNAUTHORIZED TRANSACTIONS OR ACCESS TO YOUR ACCOUNT OR UPLOADS.

 

The CVS Parties are not liable for the unauthorized use of Resources, including such unauthorized use by any websites.

 

The CVS Parties do not guarantee the sequence, accuracy, or completeness of any information or content available through the Offering and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby. The CVS Parties do not accept any responsibility for technical failures or for unauthorized access of user transmissions by third parties.

 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that an CVS Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty will be equal to the minimum permitted under such applicable law and the extent of the CVS Parties’ liability will be equal to the greater of the amount you paid for the Software or the Services or the minimum permitted under such applicable law.

 

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SOFTWARE AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

 

 

21. Indemnification

Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless the CVS Parties from and against all liability, claim, losses, expenses, damages and costs, including reasonable attorneys’ fees, related to or arising out of your use of the Site or the Services (including any of your Uploads and your use of Resources) or any violation by you of this Agreement.

 

 

22. Termination

You may terminate this Agreement at any time by withdrawing from the Program by notifying us at (800) 706-9317  or through email at hello@cvsweightcoach.com. All rights granted to you under this Agreement will immediately terminate if you violate any of the terms of this Agreement or if this Agreement is terminated, but all other provisions of this Agreement (other than with respect to our right to modify this Agreement, the Site or the Services) will survive any such violation or termination.

 

CVS or its suppliers or vendors may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (a) suspend or terminate (in whole or in part) your authorization to use the Site or the Services and any account you may have; (b) suspend or terminate and permanently delete and destroy any Access Credential, URL, IP address, or domain name; (c) remove from the Services and permanently delete and destroy any Uploads (or any components thereof) that you or others may have posted or submitted to the Services (and for purposes of this Agreement, “posted” and “submitted” includes transmission on or through the Internet and in hardcopy format through facsimile or post) for any reason or no reason; (d) restrict access to the Uploads posted or submitted to the Services and to any account you may have; and (e) prohibit you from any future use of the Site or the Services; all without any prior notice or liability to you or any other person.

 

Without limiting the foregoing, if this Agreement is terminated for any reason, then: (a) you may no longer use the Site or the Services, and you must promptly delete the Services from your device and cease all use of any of the Services or the Site; (b) this Agreement will continue to apply and be binding upon you in respect of your prior use of the Site and the Services, including your indemnification obligations; and (c) CVS may immediately remove from the Site or Services and permanently delete and destroy any Uploads that you or others may have posted or submitted to the Site or Services without any prior notice or liability to you or any other person.

 

 

23. Export Laws

The United States restricts the export and re-export of commodities and technical data of United States origin, including the Software. You agree that you will not export or re-export the Software in any form in violation of the laws of the United States or any foreign jurisdiction. By installing or using the Software, you represent and warrant that you are not (a) located in, or a national or resident of, any country subject to a U.S. government embargo or other restriction; or (b) on the United States Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Department’s Table of Denial and Prohibition Orders, or any other U.S. government list of restricted end users.

 

 

24. Governing Law

This Agreement, your use of the Software and the Services, all transactions through the Software and the Services, and all related matters, regardless of your location, are governed solely by, and construed solely in accordance with, the laws of the State of New York, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. This Agreement will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.

 

 

25. CVS products and services offerings

“CVS” is the brand name used for products and services provided by one or more of the CVS group of subsidiary companies.

 

The product and/or services descriptions, if any, provided on this site are not intended to constitute offers to sell or solicitations in connection with any product or service. All products are not available in all areas and are subject to applicable regulation areas and in many instances may be offered only through employers or other plan sponsors. Specific products may not be available in both self-funded and insured forms.

 

Covered services and preferred benefits are provided under the terms of the applicable plan contract, including limitations and exclusions.

 

Anyone interested in a particular product should contact their local CVS representative to determine whether the product and/or service is available in their jurisdiction, and to request a copy of the applicable policy or prospectus for a complete description of the product and/or service in question.

 

 

26. Not a Solicitation

Nothing in the Site or Services should be construed as a solicitation or offer to purchase coverage from CVS or any of its affiliated companies.

 

 

27. Miscellaneous

This Agreement is the entire agreement between you and CVS with respect to the Software and the Services and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Software) concerning the Software or the Services.

 

If any provision of this Agreement is found to be invalid or unenforceable, it will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of this Agreement will remain in full force and effect.

 

Failure by CVS to prosecute any right with respect to a default hereunder will not constitute a waiver by CVS of the right to enforce rights with respect to the same or any other breach.

 

 

28. Contact Us

If you have questions about this Agreement or the Program generally you can email hello@cvsweightcoach.com or call (800) 706-9317.

 

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 1-916-445-1254 or 1-800-952-5210.

 

 

Copyright © 2024 CVS Health or one of its affiliates.