The agreement limits Walgreens' total financial liability for any claim, regardless of legal theory, to the purchase price of the specific transaction at issue, and excludes all direct, indirect, special, incidental, consequential, and punitive damages.
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
This provision caps Walgreens' aggregate liability at the transaction purchase price for all claims arising from service use, including claims based on fraud, professional malpractice, and negligence. The document acknowledges New Jersey resident exceptions for damages resulting from Walgreens' negligent, fraudulent, or reckless conduct or intentional misconduct.
Under these terms, Walgreens' maximum financial exposure for any claim is the purchase price of the applicable transaction, with all categories of damages beyond that amount excluded. The document notes that some jurisdictions do not permit exclusion of consequential or other damages and that New Jersey residents retain rights where damages result from Walgreens' negligent, fraudulent, reckless, or intentional conduct.
Cross-platform context
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Compare across platforms →"YOU ALSO AGREE THAT OUR AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR 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 YOU PURCHASED FROM US IN THE APPLICABLE TRANSACTION, IF ANY. WE SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.Excerpt from Walgreens's Terms of Use
(1) REGULATORY LANDSCAPE: Liability caps and consequential damages exclusions in consumer contracts engage state consumer protection statutes and common law unconscionability doctrine.
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This provision caps Walgreens' aggregate liability at the transaction purchase price for all claims arising from service use, including claims based on fraud, professional malpractice, and negligence. The document acknowledges New Jersey resident exceptions for damages resulting from Walgreens' negligent, fraudulent, or reckless conduct or intentional misconduct.
Under these terms, Walgreens' maximum financial exposure for any claim is the purchase price of the applicable transaction, with all categories of damages beyond that amount excluded. The document notes that some jurisdictions do not permit exclusion of consequential or other damages and that New Jersey residents retain rights where damages result from Walgreens' negligent, fraudulent, reckless, or intentional conduct.
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