Effective May 21, 2024.
IMPORTANT ARBITRATION NOTICE: PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION/JURY TRIAL WAIVER, REQUIRING ANY DISPUTE BETWEEN YOU AND WALGREENS, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED IN THE SECTION ENTITLED "OPT OUT PROCEDURES" BELOW, YOU WILL BE BOUND BY THIS AGREEMENT TO ARBITRATE (AS DEFINED BELOW). YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER SET FORTH HEREIN.
myWalgreens® Membership Experience Program ("Program") is offered by Walgreen Co. to its customers (also referred to as "the Program"). These terms and conditions form the agreement (the "Agreement") between each customer that participates in the Program (referred to as a "Member") and Walgreen Co. and its participating affiliates and subsidiaries (collectively "Company") with respect to the Program. Member may contact Walgreen Co. at P.O. Box 1229, Deerfield, IL 60015-6003, or 855-225-9225.
By completing the enrollment process and participating in the Program, Member agrees to the terms and conditions, rules, regulations, policies and procedures of the Program, including those regarding Company's collection, use and disclosure of Member's personally identifiable information ("Personal Information") as described below in the Personal Information section, which is also available at myWalgreens.com. Each Member is responsible for remaining knowledgeable about the Program terms and conditions. Walgreen Co. reserves the right to disqualify Members who have violated any of the Program terms and conditions. Walgreen Co. reserves the right to change the terms or conditions or any related policy or FAQs of the Program or terminate the Program or Member's membership in the Program at any time, for any reason, without prior written notice. Communications about the Program, including material changes to the Program, will be posted on myWalgreens.com.
You further agree that Walgreen Co. may provide notices, disclosures and amendments to these terms and conditions, and other information relating to myWalgreens by electronic means, including posting such information and materials online at myWalgreens.com.
Eligibility
The Program is open to U.S. residents at least 16 years old. If Member is between 16 and 18 years of age (in Puerto Rico, between 16 and 21 years of age), Member agrees he or she has obtained permission from Member's parent or legal guardian to be a Member of the Program (in Puerto Rico, parents must also submit the application of any applicant between 16 and 21 years of age). Program membership is only available to individuals. Program membership is not available to corporations, businesses, charities, partnerships, enterprises or any other entity, unless written approval is received in advance from Walgreen Co., in its sole discretion. Member is responsible and liable for any tax consequences that may result from Member's participation in the Program and receipt of Walgreens Cash rewards or any other Program benefits. Proof of Membership is required at time of purchase to receive promotional pricing, which may be provided in the form of Member providing his/her phone number and/or ZIP code or contactless checkout code. Price adjustments are eligible only during that promotional pricing period. Email or home address will be required in order to redeem Walgreens Cash rewards.
Any fraudulent or unauthorized use of the Program is strictly prohibited and may result in termination or disqualification from the Program and a forfeiture of all Walgreens Cash rewards earned.
Personal Information
The Program is a financial incentive program. While membership in the Program is free, and no initial purchase is required, Company is entitled to use and/or disclose the Personal Information Member provides during the enrollment process, as well as gathered as part of Member's use of the Program, in exchange for providing the financial incentives offered by the Program. All Personal Information associated with the Member account may be accessible to such Member. Additional information regarding the manner by which Company collects, discloses and protects Member's Personal Information is set out in the Online Privacy & Security Policy at Walgreens.com/Privacy and/or the Notice of Privacy Practices, as applicable. Those terms will apply to our collection, disclosure and protection of your information.
Additionally, by participating in the Program, Member agrees to allow Company to communicate via mail, email, phone, external websites and various other channels. If permission is granted by the Member, Company may also communicate via text or mobile device. Company may use these channels to communicate Member account status, notify Member when they are eligible for a reward, communicate program changes, offer special Member promotions, coupons, information and offerings that may be of interest to the Member, and more.
Company reserves the right to refuse membership in the Program to any customer who does not follow the enrollment procedures and/or does not provide the Personal Information required for enrollment.
Member should promptly notify the Program of any changes to Personal Information, either by visiting Walgreens.com/PersonalInfo or by calling a customer service representative at 855-225-9225.
Walgreen Co. reserves the right to cancel any membership for which it has incomplete, inaccurate, false or fictitious Personal Information. In the event that Walgreen Co. terminates the Program or cancels Member's membership in the Program for any reason, all Walgreens Cash rewards earned on Member's account will be forfeited. Walgreens Cash rewards shall also be forfeited in the event that a Member cancels, terminates or suspends their membership.
Earning Walgreens Cash rewards
The Program enables a Member to access sales and promotional pricing, earn Walgreens Cash rewards on certain purchases or behaviors and redeem Walgreens Cash rewards on eligible future purchases at participating Walgreens Pharmacy locations (collectively "Participating Stores"). For a full list of Participating Stores, visit Walgreens.com/FindAStore. From time to time, special program offers will be made that may not be available in all Participating Store locations. Member must provide his/her phone number associated with the account to the cashier or use contactless checkout code at a Participating Store before the purchase transaction is completed in order to earn Walgreens Cash rewards and be eligible for sale prices. Walgreens Cash rewards are not cash and have no fixed value. Walgreens Cash rewards may not be redeemed for cash and are not transferable to any other individual or entity, except as expressly stated in these terms. Any transfer or attempt to transfer Member's Walgreens Cash rewards in violation of these terms and conditions shall result in automatic cancellation of the Member's account and revocation of Member's Walgreens Cash rewards.
From time to time, Program Members may be offered promotions ("Rewards Promotions"), which will award Walgreens Cash rewards with the purchase of specified products and/or services from a Participating Store during the promotion period and, when specified, by completing any required registration process and/or agreeing to the Rewards Promotions terms. With the exception of photo orders and prescriptions (which must be picked up in a Participating Store in order to earn Walgreens Cash rewards), items ordered online and delivered to Member's home will earn Walgreens Cash rewards as they would if purchased in store. Items ordered online using the "store pickup" feature will only earn Walgreens Cash rewards after the items have been picked up from the store. Rewards Promotions will not apply to rain check items purchased after the promotion has ended. Walgreens Cash rewards will not be earned on the portion of a transaction paid for using Walgreens Cash rewards or store credit. Walgreens Cash rewards can be earned from select offers when the item quantity requirements are met in a transaction and Walgreens Cash rewards are redeemed. Unless explicitly stated otherwise, Rewards Promotions and Walgreens Cash rewards cannot be earned on purchases of: alcohol; dairy; tobacco; stamps; phone/prepaid/gift cards; money orders/transfers; transportation passes; lottery tickets; charitable donations; pseudoephedrine or ephedrine products; clinic services; pharmacy items or services covered under Washington state workers' compensation. Rewards Promotions based on prescriptions or other pharmacy purchases limited to $65 Walgreens Cash rewards per calendar year, but cannot be earned on prescriptions or services purchased from AR, NJ or NY pharmacies or prescriptions transferred to a Participating Store located in AL, MS, OR, PR, TN, or VA, prescriptions received through mail-order services; prescriptions received through specialty pharmacy services; sales tax; shipping; the Prescription Savings Club membership fee; and certain items that are excluded, in particular Rewards Promotions and any other items specified as exclusions by the Company from time to time or where prohibited by law. Walgreens Cash rewards cannot be earned for transferring a prescription to a Participating Store by a Member who is, or at any time in the prior 6 months was, a beneficiary of Medicare, Medicaid, Tricare or any other healthcare program funded in whole or in part by the federal government; Walgreens Cash rewards will also not be earned for transferring a prescription to a Participating Store located in Alabama, Mississippi, Oregon, Puerto Rico, Tennessee, or Virginia. See store for details or contact a customer service representative at 855-225-9225. Walgreen Co. reserves the right to add or delete items eligible for Walgreens Cash rewards issuance at any time, at its sole discretion, without notice.
Walgreens Cash rewards for in-store purchases will be awarded to the Member's account 3-5 days after purchase. Walgreens Cash rewards for online purchases will be awarded to the Member's account once the entire order has shipped. Walgreens Cash rewards will not be awarded if in Company's reasonable opinion the merchandise purchased will be used for resale or commercial use, and any Walgreens Cash rewards awarded on such purchases will be forfeited. Company reserves the right to limit Walgreens Cash rewards awarded with respect to any offer or promotion to reasonable household quantities. On a return and/or exchange for a product or service that received Walgreens Cash rewards, the applicable Walgreens Cash rewards will be deducted from the Member's account that was used for the original purchase. From time to time, Walgreen Co. may offer incentive programs in conjunction with third parties, such as AARP. Please see the terms and conditions of these other incentive programs to see what terms and conditions apply to the Walgreens Cash rewards collections in each of these respective programs.
Redeeming Walgreens Cash rewards
When purchasing items and/or services at a Participating Store, Member may choose to either redeem previously earned Walgreens Cash rewards or continue saving Walgreens Cash rewards to use on a future purchase of items and/or services. Member must provide his/her email address associated with the account or his/her home address in order to redeem Walgreens Cash rewards. If Member elects to redeem earned Walgreens Cash rewards, the Walgreens Cash rewards will be deducted from the total price of the Member's purchase of items and/or services from a Participating Store. Walgreens Cash rewards may be used along with other Walgreens or other manufacturer discounts or promotions, unless otherwise stated in the promotional offer. Walgreens Cash rewards will be applied to eligible purchases after tax and after all discounts, percent-off and manufacturer coupons. Earned Walgreens Cash rewards are converted into redemption dollars based on the following redemption tiers:
- (1) $1 Walgreen Cash rewards is converted to $1
- (2) $2 Walgreens Cash rewards is converted to $2
- (3) $3 Walgreens Cash rewards is converted to $3
- (4) $4 Walgreens Cash rewards is converted to $4
- (5) $5 Walgreens Cash rewards is converted to $5
- (6) $10 Walgreens Cash rewards is converted to $10
- (7) $20 Walgreens Cash rewards is converted to $20
- (8) $50 Walgreens Cash rewards is converted to $50
Walgreens Cash rewards can be redeemed in the increments described above. The maximum amount of Walgreens Cash rewards that can be redeemed in a single transaction is $50 Walgreens Cash rewards, with a $100 Walgreens Cash rewards redemption limit per day.
Unless explicitly stated otherwise, Walgreens Cash rewards may not be redeemed for the purchase of the following: dairy; alcohol; tobacco; stamps; phone/prepaid/gift cards; money order/transfers; transportation passes; lottery tickets; prescriptions; pseudoephedrine or ephedrine products; pharmacy items or services; the Prescription Savings Club membership fee; items or services sold by third-party partners; exclusions required by law, local exclusions and clinic services.
Company may, at any time and without notice, change, eliminate or terminate the Walgreens Cash rewards earning and redemption procedures and offerings. Upon redemption of Walgreens Cash rewards, the Walgreens Cash rewards will immediately be deducted from Member's account. For in-store purchases: Once Walgreens Cash rewards are redeemed in store, Walgreens Cash rewards cannot be credited back to Member's account. The Walgreens Cash rewards dollars will be refunded to Member in the form of store credit. For online purchases: When returning items purchased with Walgreens Cash rewards online or through the mobile app, the Walgreens Cash rewards can be credited back to Member's account. The sale or barter of Walgreens Cash rewards, or any other award or benefit (other than by the Company), is expressly prohibited. Any Walgreens Cash rewards, award or benefit transferred, assigned or sold in violation of these terms and conditions will be forfeited and membership in the Program may be terminated.
Should any Program Member not utilize their Walgreens Cash rewards in a transaction for six consecutive calendar months, the membership will be deemed to be inactive and all accumulated Walgreens Cash rewards will be forfeited. For active Members, all Walgreens Cash rewards expire on a rolling 12-month basis and will expire at 11:59 pm CST on the last day of the redemption period.
Tax liability
Taxing authorities may determine Walgreens Cash rewards or other benefits earned through the Program are subject to tax liability. Any tax liability, including disclosure, connected with the receipt and/or use of Walgreens Cash rewards or other benefits earned through the Program are the sole responsibility of the Member.
Dispute resolution—binding individual arbitration and waiver of class/representative actions and jury trials ("Agreement to Arbitrate")
The informal resolution and binding individual arbitration requirements in this "Dispute resolution" section apply to all Disputes between you and Walgreens. "Dispute" means any dispute, claim, or controversy (excluding those exceptions listed below) between you and Walgreens, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party seeks legal recourse for, and irrespective of whether the Dispute relates to the Services or to your experiences in or purchases from any Walgreens physical store. In Disputes involving minors, claims asserted by the minor(s) and by the minor's or minors' parent(s) or guardian(s) are subject to this agreement to arbitrate. A Dispute is subject to this Agreement to Arbitrate, whether it arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure outlined below, shall be exclusively resolved by individual, binding arbitration in accordance with this Agreement to Arbitrate. The scope of Disputes delegated to the arbitrator to decide shall be construed as broadly as applicable law allows, and explicitly extends to Disputes relating to the interpretation, applicability, or enforceability of this Agreement to Arbitrate, including any claim that all or any part of the Terms, including this Agreement to Arbitrate, is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether any part of the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. The sole exceptions to the requirement to arbitrate Disputes are (1) you and Walgreens each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (2) Disputes may be brought as individual actions in small claims court in the jurisdiction where you reside, if that small claims court has jurisdiction to hear the Dispute; and (3) procedural issues that this Agreement to Arbitrate expressly says are for a court to decide, such as whether a party complied with pre-dispute informal resolution requirements.
Unless otherwise prohibited by law, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s).
In the event of a Dispute, you and Walgreens will attempt to resolve the Dispute informally before an arbitration is filed. For one of us to notify the other of a Dispute, we must send a written notice of such Dispute (a "Notice of Dispute") stating the name, address, and contact information of the party giving notice; the facts giving rise to such Dispute; and the relief requested. You must send any Notice of Dispute by mail to Walgreen Co. c/o Illinois Corporation Service Company, 801 Adlai Stevenson Drive, Springfield, IL 62703. We will send any Notice of Dispute to you at the email address or mailing address we have for you, if any. All statutes of limitations applicable to the Dispute will be considered tolled beginning on the day one of us ends a compliant Notice of Dispute to the other. You and Walgreens agree to attempt in good faith to resolve any Dispute through informal negotiation for 60 days after the notice of such Dispute is sent. After the end of that 60-day period and not before, you or Walgreens may commence an arbitration proceeding as set forth in this Agreement to Arbitrate. If you or Walgreens proceeds to arbitration without having provided a compliant Notice of Dispute and waiting until the conclusion of the 60-day negotiation period, a court may enjoin the filing and order the party that has not followed this mandatory informal resolution process to reimburse the other party for any arbitration fees and costs already incurred. The compliance of a Notice of Dispute with these Terms, including whether a Notice of Dispute contained all required information, is an issue to be decided by a court. We hope you will try informal resolution with Walgreens before bringing an individual action in small claims court, but informal resolution is mandatory only as a prerequisite to arbitration.
These Terms affect interstate commerce, so the Federal Arbitration Act, 9 U.S.C. § 1, et seq., governs the interpretation and enforcement of this Agreement to Arbitrate, which shall be conducted by National Arbitration and Mediation ("NAM"), https://namadr.com, according to NAM's Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Dispute arose.
Instructions for filing a Demand for Arbitration with NAM are available on the NAM website or by emailing NAM at commercial@namadr.com. You will send a copy of any Demand for Arbitration to Walgreen Co. C/O Illinois Corporation Service Company, 801 Adlai Stevenson Drive, Springfield, IL 62703. Walgreens will send any Demand for Arbitration to the email address and to any billing address you have provided us, if any.
You and Walgreens both agree that the arbitration will be conducted in the English language. The arbitrator will apply all applicable contractual terms as a court would and will adjudicate any Disputes according to applicable law and fact based only upon the record before the arbitrator.
For Disputes in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in Chicago, Illinois, unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant's state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules. Unless you and Walgreens agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator's essential factual and legal findings and conclusions.
Coordinated Filings
If 20 or more Notices of Disputes are sent that raise similar claims and have the same or coordinated counsel, these will be considered "Coordinated Cases" and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Cases are filed in arbitration as set forth in this Agreement. Walgreens or you may advise the other of its or your belief that cases are Coordinated Cases, and disputes over whether a case or cases meet the contractual definition of "Coordinated Cases" will be decided by the arbitration provider as an administrative matter. Demands for Arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below. Applicable statutes of limitations will be tolled for claims asserted in a Coordinated Case from the time a compliant Notice of Dispute has been received by a party until, under the terms of this Agreement, the Coordinated Case may be filed in arbitration or court.
Once counsel in the Coordinated Cases has advised Walgreens that all or substantially all of the Notices of Dispute have been provided, counsel for the parties shall confer in good faith regarding the number of cases that should proceed in arbitration as bellwethers, to allow each side to test the merits of its arguments. If counsel for the parties do not agree on the number of bellwethers, an even number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider's discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various cases. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Coordinated Cases will be delayed by this bellwether process.
Unless the parties agree otherwise, each bellwether trial should be assigned to a different arbitrator.
Once all bellwether trials have concluded (or sooner if the counsel for the claimants and Walgreens agree), the parties must engage in a single mediation of all remaining Coordinated Cases, with each side paying half the applicable mediation fee. Walgreens and counsel for the claimants must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for Walgreens and claimants cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Walgreens and counsel for the claimants will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
If the mediation does not yield a global resolution, this arbitration requirement shall no longer apply to Disputes that are the subject of Coordinated Cases for which a compliant Notice of Dispute was received by the other party but that were not resolved in bellwether proceedings. Such Disputes may be filed only in state court in Cook County, Illinois, or if federal jurisdiction exists, only in the United States District Court for the Northern District of Illinois, and you consent as part of the Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Walgreens from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and any party may contest class certification at any stage of the litigation and on any available basis.
A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
Choice of Law. The arbitrator will decide all claims in accordance with the laws of the State of Illinois, without regard to its choice of law principles, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Walgreens users, but is bound by rulings in prior arbitrations involving the same Walgreens user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Opt-Out Procedures. You can choose to reject the Agreement to Arbitrate by mailing us a signed opt-out notice ("Opt-Out Notice") within 30 days after the date you first access the Services or accept any subsequently published version of these Terms. The Opt-Out Notice must include a statement that you do not agree to this Agreement to Arbitrate, your name, address, phone number and any email address(es) used to log in to any applicable account(s) to which the opt-out applies. You must mail the Opt-Out Notice to Walgreens, Attn: Litigation and Regulatory Law Department, 104 Wilmot Road, MS 1431, Deerfield, IL 60015. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Terms, including all other provisions of this Section, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
To the extent permitted by applicable law, any claims arising in connection with the use of the Services or these Terms must be filed within one (1) year of the date of the event giving rise to such action.
This "Dispute resolution" Section shall survive any expiration or termination of your relationship with Walgreens. Although Walgreens may revise the Terms in its discretion, Walgreens does not have the right to alter the Terms to arbitrate or the rules specified herein with respect to any Dispute once that Dispute arises, if such change would make arbitration procedures less favorable to the claimant. Whether charged procedures are less favorable to the claimant is an issue to be decided by the arbitrator, and if multiple claimants are proceeding in Coordinated Cases, the applicability of revised terms to the Coordinated Cases will be decided by the arbitration provider as a process matter.
Severability. If all or any provision of this "Dispute resolution" section is found invalid, unenforceable, or illegal, then you and Walgreens agree that the provision will be severed, and the rest shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal as to a Dispute, you and Walgreens agree that this entire Agreement to Arbitrate is null and void as to that Dispute and that such Dispute will be resolved in court subject to the venue and choice of law clauses specified in these Terms. Under no circumstances does Walgreens consent to arbitrate a Dispute using class arbitration procedures.
Class Action Waiver. To the maximum extent permitted by applicable law, for any matter not subject to the requirement to arbitrate (except to the limited extent discussed above for Coordinated Cases), including if you have opted out of the arbitration requirement, you and Walgreens will only bring claims against the other in an individual capacity and shall not (1) seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or (2) consolidate or combine individual proceedings or permit another to do so without the express consent of all parties.
Disclaimer and Limitation of Liability
AS PARTIAL CONSIDERATION FOR MEMBER'S ACCESS TO COMPANY'S MYWALGREENS® PROGRAM AND SERVICES (INCLUDING COMPANY CONTENT), MEMBER AGREES THAT COMPANY IS NOT LIABLE TO MEMBER IN ANY MANNER WHATSOEVER FOR DECISIONS MEMBER MAY MAKE OR MEMBER'S ACTIONS OR NON-ACTIONS IN RELIANCE THEREUPON. MEMBER ALSO AGREES THAT COMPANY'S AGGREGATE LIABILITY ARISING FROM OR RELATED TO MEMBER'S USE OF AND ACCESS TO THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS) IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS MEMBER PURCHASED FROM COMPANY IN THE APPLICABLE TRANSACTION, IF ANY. COMPANY SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY SITES, RECORDS, PROGRAMS, SERVICES OR CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF MEMBER IS DISSATISFIED WITH THESE TERMS AND CONDITIONS OR COMPANY SERVICES (INCLUDING COMPANY CONTENT), MEMBER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE TO MEMBER, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY'S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Indemnification and Defense
As a condition of Member's participation in the Program, Member agrees to indemnify, defend and hold harmless Company, including its officers, directors, employees, affiliates, licensors, suppliers, information providers and agents, from and against all losses, expenses, damages, fees, fines and costs, including without limitation, reasonable attorneys' fees, resulting from or relating to Member's use of the services or violations of the Agreement.
Additional Terms
Company's failure to exercise or enforce any terms herein shall not constitute a waiver, and if Company fails to act with respect to Member's breach or anyone else's breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches. If Member breaches any provision of this Agreement, Member may no longer use the services. If this Agreement or your permission to participate in the Program is terminated by Company for any reason, the agreement formed by your acceptance of this Agreement will nevertheless continue to apply to Member and be binding upon Member in respect to Member's prior use of the Program and anything relating to or arising from such use. If Member is dissatisfied with the Program or this Agreement, Member's sole and exclusive remedy is to discontinue using the Program. This Agreement, including any or all rights and obligations hereunder, may be freely assigned or transferred by Company, but not by you. Section headings are included for convenience only and shall not affect the interpretation of any terms of this Agreement. Member agrees that any electronic notices Company sends Member shall satisfy any requirement that such notices be made in writing. If any part of this Agreement is ruled to be unlawful, void or for any reason unenforceable, then such part shall be deemed severable from this Agreement and shall be eliminated or limited to the minimum extent necessary. The remainder of this Agreement, including any revised portion, shall remain and be in full force and effect.
myWalgreens® and Walgreens Cash rewards are protected by copyright as a collective work and/or compilation, pursuant to U.S. and Puerto Rico copyright laws, international conventions and other copyright laws. Company names, logos and trademarks may not be used by Member in any manner without the prior written consent of Company. 2756525-6567 | ©2024 Walgreen Co. All rights reserved.