Last Updated: September 12, 2023
Walgreen Co. ("Walgreens") offers access to pharmacy service, healthcare service, clinical trials services, promotional, and other information via recurring SMS (Short Message Service), MMS (Multimedia Message Service), RCS (Rich Communication Service), and other mobile message alerts (collectively, "Messages"). By enrolling in a Walgreens messaging program ("Walgreens Messaging Program"), you agree to our Privacy Policy and Terms and Conditions of Use (which are hereby incorporated by this reference) and the following terms and conditions, which become effective upon your enrollment. In the event of a conflict between these terms and the Terms and Conditions of Use, the latter shall govern. Enrollment in a Walgreens Messaging Program requires a customer to provide his or her own mobile number with an area code within the 50 United States or the District of Columbia. By providing your mobile phone number and enrolling in a Walgreens Messaging Program, you certify that (i) you are the account holder and consent to enroll, or have the account holder's consent to enroll, and (ii) you are 18 or older. Each Walgreens Messaging Program is a subscription service. There is no charge from Walgreens for this service, but YOUR SERVICE PROVIDER'S MESSAGE AND DATA RATES MAY APPLY. Messages will be sent via automated technology and you have enrolled to receive automated Messages. Participation in a Walgreens Messaging Program is not required for purchase. Once you enroll, the frequency of Messages we send may vary and you may receive multiple Messages. These Messages may include, but are not limited to: notification about your prescriptions (such as refill reminders or status updates); other health-related notifications (such as immunization reminders, opportunities to participate in clinical trials, or health insurance coverage information); information regarding the status of your retail, online and/or photo order, messages to manage your appointments; information about payment for services you received; and/or marketing information about products and services that may interest you.
You agree that Messages may include protected health information about your prescriptions, including the name of your prescription. Whoever has access to the mobile phone or carrier account will also be able to see this information. You acknowledge and understand that Messages (including text messages) are not a secure means of communication, and any protected health information that may be contained in our Messages to you will not be encrypted. This means that there is risk that the protected health information contained in Messages could be intercepted and read by or disclosed to, unauthorized third parties. Use of alternative and more secure methods of communication with us, such as telephone, fax, or the U.S. Postal Service are available to you. If you do not wish to accept the risks associated with unencrypted Messages from us, please follow the instructions below to opt-out of this program.
You may opt out of a Walgreens Messaging Program at any time by replying STOP to that Walgreens Messaging Program, by updating your account’s message preferences in your communication preference page on Walgreens.com, or calling 1-877-250-5823. Please note, you will continue to receive other text communications for other Walgreens Messaging Programs you have enrolled in unless you separately opt-out of those Walgreens Messaging Programs. For questions about a Walgreens Messaging Program, reply HELP to the Walgreens Messaging Program number, or call 1-877-250-5823.
Walgreens Messaging Programs are offered on an "as is" basis, may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage or other service changes made by us or your wireless carrier. Walgreens may change or discontinue any of the Walgreens Messaging Programs without notice or liability to you. Walgreens and its related companies and each of their respective officers, directors, employees, and agents are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, related to any Walgreens Messaging Program or from technical failures or delays of any kind. Walgreens reserves the right to cease delivery of Messages to any person at any time in its sole discretion. Your participation in a Walgreens Messaging Program is at your sole discretion and risk, and if you are dissatisfied with a program, Message content, or these terms and conditions, you should opt-out and cease use of the program.
Dispute resolution—agreement to arbitrate
PLEASE READ THIS “DISPUTE RESOLUTION—AGREEMENT TO ARBITRATE” SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO HAVE A JURY HEAR YOUR CLAIMS AND, IN SOME CASES, YOUR RIGHT TO FILE A LAWSUIT IN COURT. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
If a dispute ever arises between us, please contact us at Walgreen Co., P.O. Box 1229, Deerfield, IL 60015-6003, or 855-225-9225. If we cannot resolve the matter informally, you and we each agree that any and all disputes or claims that have arisen or may arise between you and us shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify ("Agreement to Arbitrate"). The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate, which shall be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by these Terms. A form for initiating arbitration proceedings is available on the AAA's website. The arbitration shall be held in the county in which you reside. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, 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.
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. 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). Any relief awarded shall not affect our other users.
OPT-OUT: 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 these Terms must be filed within one (1) year of the date of the event giving rise to such action.
Disclaimer and Limitation of Liability
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO WALGREENS MESSAGING PROGRAM AND SERVICES (INCLUDING WALGREENS CONTENT), YOU AGREE THAT WALGREENS IS NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NON-ACTIONS IN RELIANCE THEREUPON. YOU ALSO AGREE THAT WALGREENS’ AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF AND ACCESS TO THE WALGREENS MESSAGING PROGRAM AND 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 YOU PURCHASED FROM WALGREENS IN THE APPLICABLE TRANSACTION, IF ANY. WALGREENS SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, NOR SHALL WALGREENS 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 WALGREENS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WALGREENS’ SITES, RECORDS, PROGRAMS, SERVICES OR CONTENT, EVEN IF WALGREENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THESE TERMS AND CONDITIONS OR WALGREENS SERVICES (INCLUDING WALGREENS CONTENT), YOUR 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 YOU, 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 OFWALGREENS’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Indemnification and Defense
As a condition of your participation in the Walgreens Messaging Program, you agree to indemnify, defend and hold harmless Walgreens, 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 your use of the Walgreens Messaging Program, Walgreens services or violations of the Agreement.
Choice of Law/Forum Selection
Where the Agreement to Arbitrate permits Walgreens and you to litigate in court, this Agreement shall be governed by and shall be construed in accordance with the laws of the State of Illinois, without respect to its conflict of laws rules.
Additional Terms
Walgreens’ failure to exercise or enforce any terms herein shall not constitute a waiver, and if Walgreens fails to act with respect to your breach or anyone else’s breach on any occasion, Walgreens is not waiving its right to act with respect to future or similar breaches. If you breach any provision of this Agreement, you may no longer use the Walgreens Messaging Program and/or Services. If this Agreement or your permission to participate in the Walgreens Messaging Program is terminated by Walgreens for any reason, the agreement formed by your acceptance of this Agreement will nevertheless continue to apply to you and be binding upon you in respect to your prior use of the Walgreens Messaging Program and anything relating to or arising from such use. If you are dissatisfied with the Walgreens Messaging Program or this Agreement, your sole and exclusive remedy is to discontinue using the Walgreens Messaging Program. This Agreement, including any or all rights and obligations hereunder, may be freely assigned or transferred by Walgreens, but not by you. Section headings are included for convenience only and shall not affect the interpretation of any terms of this Agreement. You agree that any electronic notices Walgreens sends you 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.
©2023 Walgreen Co. All rights reserved.