Walgreens limits the amount you can recover from them for any problem to whatever you personally paid them in the last year, and excludes all indirect or consequential damages entirely.
This analysis describes what Walgreens's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
For most digital-only users, the practical damages cap approaches zero since many users of the website may not have made direct payments to Walgreens through the platform in the prior twelve months, effectively limiting recovery for significant harms.
Interpretive note: Enforceability of the damages cap may vary significantly by jurisdiction, and courts in some states have declined to enforce similar caps in consumer contracts involving significant foreseeable harm.
If you suffer a loss due to Walgreens' platform, for example from a data breach or service failure, your ability to recover damages through the agreement is capped at what you paid Walgreens in the last year, which may be a very small amount or nothing at all.
How other platforms handle this
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
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"WALGREENS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WALGREENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE. IN NO EVENT SHALL WALGREENS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO WALGREENS IN THE LAST TWELVE (12) MONTHS.— Excerpt from Walgreens's Walgreens Terms of Use
REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts may be subject to scrutiny under FTC Act unfair practices standards and state consumer protection laws, particularly where the cap renders the limitation effectively illusory for a large portion of users. Some states, including California and New York, have enacted or proposed consumer protection provisions that constrain the enforceability of damages caps in consumer contracts. GOVERNANCE EXPOSURE: Medium-High. The twelve-month payment cap is structurally common but practically significant in a context where many platform users access the site without direct payment, meaning the cap functions as a near-complete liability shield for free-service users. This exposure is amplified by the pharmacy and health context, where damages from platform failures could be significant. JURISDICTION FLAGS: Courts in multiple jurisdictions have declined to enforce consequential damages exclusions in consumer contracts where the harm was foreseeable and significant. California's consumer protection framework and CCPA provisions regarding data breach liability may limit the practical enforceability of this cap in data incident scenarios. Illinois and New York present similar heightened exposure. CONTRACT AND VENDOR IMPLICATIONS: B2B contracts with Walgreens should independently negotiate liability caps rather than relying on consumer-facing terms. Vendors should assess whether their own indemnification obligations are aligned with or exposed by this cap structure, particularly in data breach or service failure scenarios. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the twelve-month payment cap satisfies enforceability standards in key jurisdictions, particularly California, and whether any regulatory frameworks applicable to Walgreens' health services impose minimum liability thresholds. Data breach response planning should account for the possibility that this cap may not be enforced in all jurisdictions.
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For most digital-only users, the practical damages cap approaches zero since many users of the website may not have made direct payments to Walgreens through the platform in the prior twelve months, effectively limiting recovery for significant harms.
If you suffer a loss due to Walgreens' platform, for example from a data breach or service failure, your ability to recover damages through the agreement is capped at what you paid Walgreens in the last year, which may be a very small amount or nothing at all.
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