These Terms were last updated on October 4th, 2024. 

1. Contractual Relationship.

These Terms of Use (“Terms”) govern your access or use, of the applications, websites, content, products, and services (the “Services,” as more fully defined below in Section 3) made available by GoodRx, Inc. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “GoodRx”, “us” or “we”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND GOODRX.

By accessing or using the Services, you confirm your agreement to be bound by these Terms, including the information set forth in our privacy policy, located here. To the extent you are accessing or using the Services on behalf of an entity, you represent you are authorized (and will be deemed to have received authorization from) the entity to agree to all of the terms set forth herein on behalf of such entity.  Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

If you do not agree to these Terms, do not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. GoodRx may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, except where prohibited.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH IN SECTION 2 BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH GOODRX ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

If your use of the Services is terminated for any reason, then: (a) these Terms will continue to apply and be binding upon you in respect of your prior use of the Services (and any unauthorized further use of the Services), including your indemnification obligations; and (b) any rights or licenses granted to us under these Terms will survive such termination.

GoodRx may change these Terms in the future, so we encourage you to review periodically the Terms applicable to each Service you use. The most current version of the applicable Terms (along with its effective date) will be posted on each of the Services. Changes to these Terms will be effective immediately and notice may be given by posting the updated Terms on our Services or by email. If you continue to use the Services after we change these Terms, you accept all changes.

GoodRx’s collection and use of personal information in connection with the Services is described in GoodRx’s Privacy Policy located here.

To learn more about retention of your personal information, please go here.

2. Dispute Resolution; Arbitration Agreement.

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against GoodRx on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against GoodRx, and also preclude you from participating in or recovering relief under any current or future class, collective or representative action brought against GoodRx by someone else.

Agreement to Binding Arbitration Between You and GoodRx (the “Arbitration Agreement”).

You and GoodRx agree that any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled through the dispute resolution process set forth herein, which includes binding arbitration between you and GoodRx, and not in a court of law.

This dispute resolution process and the Arbitration Agreement contained herein is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory; claims that arose before this or any prior Terms (including, but not limited to, claims relating to advertising); claims for mental or emotional distress or injury not arising out of physical bodily injury; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of the Terms or your use of any of the Services.  

In accordance with the above, if you are a natural person (a “Consumer”) then the arbitration process outlined in Section 2.1, “Consumer Arbitration Agreement,” shall apply to the dispute between you and GoodRx.  If you are a legally recognized organization such as a corporation, LLC, partnership, or any other organization that engages in commercial, industrial, or other professional activities with the aim of earning profits (a “Business Entity”) then the arbitration process outlined in Section 2.2, “Business Arbitration Agreement,” shall apply to the dispute between you and GoodRx.  For the avoidance of doubt, a natural person or entity accessing or using the Services for a Business Entity represents they have been authorized (and will be deemed to have received authorization from) the Business Entity to act on their behalf and any ensuing dispute will therefore be subject to the Business Arbitration Agreement.

Both parties further acknowledge and agree to waive any right to a trial by jury. Both parties agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and GoodRx are each waiving the right to a trial by jury or to participate in a class action. For the avoidance of doubt, the scope of arbitration includes federal and state statutory and common law claims, including under the consumer protection laws and principles. You and GoodRx agree that any arbitrations between you and us will be subject to this Section 2 and not to any prior arbitration agreement you had with GoodRx. This Section 2 shall survive termination of these Terms or your use of any of the Services.  

 

Class Action and Collective Relief Waiver

EXCEPT AS SET FORTH BELOW YOU AND GOODRX ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE BASIS, OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS CLAIMS AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF), UNLESS BOTH YOU AND GOODRX OTHERWISE AGREE IN WRITING. THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING.

This Class Action and Collective Relief Waiver are an essential part of this “Dispute Resolution” section, and if it is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor GoodRx may arbitrate such claim or dispute. Notwithstanding the foregoing, if a court or arbitrator determines that this is not enforceable as to a particular claim or request for relief, and all appeals from that decision (to the extent applicable in the Consumer Arbitration Agreement context) have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or GoodRx from participating in a class-wide settlement of claims.

Notwithstanding the foregoing, you and GoodRx each retain the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible.  The other portions of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.

2.1 Consumer Arbitration Agreement

A. Mandatory Informal Consumer Dispute Resolution Process.

If a dispute arises, GoodRx is committed to working with you to reach a reasonable resolution. For any issue or dispute that arises between you and GoodRx, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This includes first sending a written notice of dispute (“Mandatory Pre-Arbitration Notice”). A Mandatory Pre-Arbitration Notice from you to GoodRx must (1) be sent by certified mail, with a copy to legal@goodrx.com with the subject line “User Dispute”; (2) be addressed to: 2701 Olympic Blvd, Santa Monica, CA 90404, Attn: Legal Department (“Notice Address”); (3) contain your name, address, and email address; (4) describe the nature and basis of your claim; (5) include any relevant facts regarding your use of the Services, including without limitation the product or Service to which your dispute pertains (a free GoodRx account, a GoodRx Gold Membership, a GoodRx Care telehealth visit, etc.), the date(s) of any disputed charges, the date(s) of your interaction with each relevant Service; (6) specify the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation of them; and (7) include a personally signed statement from you (and not your counsel) verifying the accuracy of the contents of the Mandatory Pre-Arbitration Notice. The Mandatory Pre-Arbitration Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute.

After receipt of a completed Mandatory Pre-Arbitration Notice at the Notice Address, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Mandatory Pre-Arbitration Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Mandatory Pre-Arbitration Notice within 60 days after the completed Mandatory Pre-Arbitration Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).

Compliance with this Mandatory Informal Consumer Dispute Resolution Process set forth in Section 2.1.A is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in Mandatory Informal Consumer Dispute Resolution Process set forth in this Section 2.1.A. All of the requirements of the Mandatory Informal Consumer Dispute Resolution Process are essential so that you and we have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Informal Consumer Dispute Resolution Process. If the arbitration is already pending prior to the completion of the Mandatory Informal Consumer Dispute Resolution Process, the arbitration shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with the Mandatory Informal Consumer Dispute Resolution Process in arbitration.

A. Arbitration Process.

Arbitration between GoodRx and a Consumer shall be governed by applicable rules of National Arbitration & Mediation (“NAM”) (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”), as modified by this Section 2.1 (the “Consumer Arbitration Agreement”), and will be administered by NAM. (If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.) The NAM Rules are available online at www.NAMADR.com, by calling NAM, or by requesting them in writing at the Notice Address. You may obtain a form to initiate arbitration at: https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf or by contacting NAM.

You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Consumer Dispute Resolution Procedure requirements referenced in Section 2.1.A and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).

All issues, including the scope and enforceability of this Consumer Arbitration Agreement, are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision is binding only between you and us and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

As in court, you and we agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.

Except as expressly provided in this Consumer Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law. If after exhausting any potentially available fee waivers, the arbitrator finds that the arbitration fees will be prohibitive for you as compared to litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith. You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees.

In circumstances in which the NAM Rules provide for an in-person hearing, such hearing will take place in the U.S. county (or parish) of your residence, or otherwise in Los Angeles, California. If the Mass Filing process described in Section 2.1.F is triggered, then the location of any hearing will be determined by the arbitrator.

B. Discovery During Arbitration.

The parties shall each be limited to a maximum of one (1) fact witness deposition per side, unless the arbitrator determines that more depositions are warranted based on the totality of circumstances, including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery. Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to”; and shall not be encumbered with extensive “definitions” or “instructions.” The Arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.

Electronic discovery, if any, shall be limited as follows. Absent a showing of compelling need: (i) electronic documents shall only be produced from sources used in the ordinary course of business, and not from backup servers, tapes or other media; (ii) the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format that is usable by the requesting party and convenient and economical for the producing party; (iii) the parties need not produce metadata, with the exception of header fields for email correspondence; (iv) the description of custodians from whom electronic documents may be collected should be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute; and (v) where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator may either deny such requests or order disclosure on the condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.

C. Confidentiality.

Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

D. Offer of Settlement.

In any arbitration between you and us, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the other party’s favor and is less than the defending party’s settlement offer or if the award is in the defending party’s favor, the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the claim may be entitled for the cause of action under which it is suing.

Mass Filing.

If, at any time, 25 or more claimants (including you) submit Mandatory Pre-Arbitration Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, consistent with the definition and criteria of Mass Filings (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), you and we agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Consumer Dispute Resolution Procedures are initiated, so long as the Mandatory Pre-Arbitration Notice complies with the requirements in Section 2.1.A, until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

Stage One: Counsel for the claimants and counsel for GoodRx shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and GoodRx shall pay the mediator’s fee.

Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for GoodRx shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and GoodRx shall pay the mediator’s fee.

Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for GoodRx shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.

If your claim is not resolved as part of the staged process identified above, either:

Option One: You and GoodRx may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these Terms. You may opt out of arbitration by sending GoodRx your individual, personally signed notice of your intention to opt out by certified mail addressed to GoodRx Inc., 2701 Olympic Blvd, Santa Monica, CA 90404, Attn: Legal Department, with a copy to legal@goodrx.com. Such an opt out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. GoodRx may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to adjust these deadlines.

OR

Option Two: If neither you nor GoodRx elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 20, then 20 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 20, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 20 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as that term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with these Terms.

You and GoodRx agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and GoodRx acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.

2. Business Arbitration Agreement
   

   A. Arbitration Process.

Arbitration between GoodRx and a Business Entity shall be governed by applicable rules of JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Section 2.2 (the “Business Arbitration Agreement”), and will be administered by JAMS.  The JAMS Rules and form to initiate arbitration are available online at www.jamsadr.com.

All issues, including the scope and enforceability of this Business Arbitration Agreement, are for the arbitrator to decide.  An arbitrator’s award that has been fully satisfied shall not be entered in any court.  The parties hereby agree that the arbitrator’s award and/or decisions in an arbitration under this Section 2.2 are final and not appealable, such that the parties may not seek correction, modification, vacatur, reconsideration, or otherwise challenge an arbitrator’s award and/or decision.

As in court, you and we agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose.  The arbitrator is authorized to impose any sanctions under the JAMS Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.

Except as expressly provided in this Business Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law, provided that the arbitrator is not empowered to award punitive or exemplary damages.  In accordance with the Business Arbitration Agreement, each party hereby waives any right to seek or recover punitive or exemplary damages with respect to any dispute resolved by arbitration.

Unless otherwise provided by law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

The payment of arbitration fees (including the fees imposed by the arbitration administrator such as filing, arbitrator, and hearing fees) will be governed by the applicable JAMS Rules.

In circumstances in which the JAMS Rules provide for an in-person hearing, such hearing will take place in New York, New York.  With the exception of the application of the U.S. Federal Arbitration Act as described above, this Section 2.2 shall be governed and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.  

B. Discovery During Arbitration.

The parties shall engage in written discovery, document productions, and depositions that are proportionate to the needs of the case.  In no event shall there be any interrogatories or requests for admission.

C. Confidentiality.

The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or as may be necessary in connection with a court application for a preliminary remedy, or unless otherwise required by law or judicial decision.

D. Modification.

The terms of this Business Arbitration Agreement may be modified if both parties agree to such modification in writing. 

3. The Services.

Free prescription discounts and coupons.

GoodRx offers prescription discounts and coupons, and prescription pricing information that are free to access.

GoodRx prescription discounts and coupons are not insurance. GoodRx prescription discounts and coupons can be used instead of, but not in conjunction with insurance. GoodRx prescription discounts and coupons are not intended as a substitute for health insurance. The range of the discounts will vary depending on the prescription drug and the participating pharmacy. You are required to pay for all prescription drugs at the time of purchase. GoodRx does not make payments to any pharmacy or health care provider. GOODRX PRESCRIPTION DISCOUNTS AND COUPONS DO NOT MEET MINIMUM CREDITABLE COVERAGE REQUIREMENTS UNDER STATE HEALTHCARE COVERAGE REGULATIONS.

Please note that cash payments that you make for medications using GoodRx prescription discounts and coupons may not count toward your prescription drug coverage out of pocket costs, but you can confirm that by contacting your coverage provider. If you are a Medicare Part D beneficiary, then cash payments made using GoodRx prescription discounts and coupons will not count toward your Medicare Part D cost-sharing obligation. GoodRx cannot be combined with federal or state-funded programs like Medicare or Medicaid.

GoodRx prescription discounts, coupons and prices shown are based on multiple sources, including published price lists, purchases, claims records, and data provided by pharmacies. GoodRx prescription discounts, coupons and prices may change at any time. The prices we show are our best estimate; while we believe our data to be generally accurate, we cannot guarantee that the price we display will exactly match the price you receive at the participating pharmacy. For an exact price, please contact the participating pharmacy. GoodRx prescription discounts, coupons and prices may change at any time.

Kroger Rx Savings Club.

GoodRx also offers a membership program, Kroger Rx Savings Club Powered by GoodRx via krogersc.com and the Kroger Rx Savings Club Powered by GoodRx mobile applications that provide specific prescription discounts and coupons for members at pharmacies that are part The Kroger Co. and its affiliates and subsidiaries. In addition to these Terms, your use of the Kroger Rx Savings Club Powered by GoodRx is governed by supplemental terms available here.

GoodRx Gold.

About GoodRx Gold

GoodRx Gold is a subscription service that offers specific prescription discounts and access to discounted Telehealth Services (see Telehealth Services section below) to members.

GoodRx Gold is NOT health insurance. GoodRx Gold is not intended as a substitute for insurance, and does not meet any creditable coverage requirements under any state law. GoodRx Gold cannot be combined with federal or state-funded programs such as Medicare or Medicaid.

GoodRx Gold is a premium program that provides members (“Members” and your status as a Member is referred to as your “Membership”) even bigger discounts on certain prescriptions, and may include other Services, such as access to discounted online provider visits (collectively, the “Gold Services”).  GoodRx Gold is currently not available in Washington and discounted online provider visits are not available to Gold Members in Oklahoma at this time.

GoodRx Gold provides discounts at participating pharmacies, but GoodRx does not pay pharmacies. You are obligated to pay for all services provided. You may obtain a current list of participating Gold pharmacies hereor by calling 1-855-487-0694.  In 2022, GoodRx Gold members saved 86% on retail prescription prices. The amount you save will vary depending on your individual retail prescription.  GoodRx Gold provides an open formulary.

GoodRx Gold also offers access to discounted healthcare provider services to Members, except for those residing in Oklahoma. The telehealth services are provided by independent, physician-owned medical groups with a network of U.S.-licensed healthcare providers (“Providers”) who provide clinical telehealth services (“Telehealth Services”) at a discounted rate to Members. GoodRx Gold only provides discounts from participating Providers. The range of discounts will vary depending on the type of Telehealth Service received. GoodRx does not provide medical advice or care, nor does it employ or pay the Providers that provide Telehealth Services. GoodRx Gold provides an online communication platform for the Providers and their patients to connect through the use of asynchronous and synchronous communication technologies. The Providers, and not GoodRx, are responsible for the quality and appropriateness of the care they render to you. You are responsible for all fees due for the Telehealth Services, including any fees charged by the healthcare organization(s) or Provider(s). The list of Providers, which may be updated from time to time, but no less frequently than every six (6) months, can be found hereor you may call 1-415-237-1378. Providers provide telehealth services commensurate with their scope of practice. Once you are a Member, you will have access to telemedicine visits for supported services without any waiting period. The list of telemedicine services, which may be updated from time to time and may vary based on your location, can be foundhere. You agree that your use of the Services for Telehealth Services is further subject to the(a) Consent to Telehealth Services and (b) Notice of Privacy Practices of the independent medical group providing Telehealth Services.

The plan administrator for GoodRx Gold is DST Pharmacy Solutions, Inc., located at 1300 Washington Street, Kansas City, MO 64105. The phone number for our plan administrator is 1-816-435-5400. GoodRx Gold is provided by GoodRx, Inc., located at 2701 Olympic Blvd, West Building Suite 200, Santa Monica, CA 90404. Please reach out to 1-855-487-0694 for assistance with questions, an up-to-date list of participating pharmacies or providers, or to request specific contact information for your department of insurance or service of process information for a specific state.

For Rhode Island Residents

Your Gold Membership

In order to participate in the Gold Services, you must first register for an account with GoodRx (your “Account”) in accordance with GoodRx’s Terms of Use. You must then complete the registration process necessary to become a Member by following the instructions set forth in the GoodRx Gold application and providing certain information to GoodRx (“Registration Data”), such as a payment method (“Payment Method”) and any other information requested by GoodRx (which may include, but is not limited to, your name, email address, date of birth, mailing address, and pharmacy), which you may edit through the Services under “Account”.  You agree that you will maintain and update this information as required in order to keep it current, complete, and accurate.  You further agree that GoodRx may contact you regarding your Account via the email address you provide at any time, which includes but is not limited to email communications regarding the status of your Account and your Payment Method.

You also grant us the right to disclose to third parties certain Registration Data about you for the purpose of administering the program. GoodRx’s collection and use of personally identifiable information in connection with the Gold Services is governed by GoodRx’s Privacy Policy, which is incorporated into these Terms by reference.

You agree to fully, accurately, and truthfully create your GoodRx Account when providing the Registration Data. Your GoodRx Account and credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your GoodRx Account or credentials, and for all activities that occur under such GoodRx Account or credentials. You agree to prohibit anyone else from using your GoodRx Account or credentials and agree to immediately notify GoodRx of any actual or suspected unauthorized use of your GoodRx Account or credentials or other security concerns of which you become aware. You must be at least 18 years of age to become a Member. However, a Member may add up to five (5) other people and pets on a GoodRx Gold Family Plan (each, an “Add-On Member”). Each Add-On Member will be assigned a separate membership card. Members and Add-On Members must use the membership cards assigned to them as part of the Gold Membership. Add-On Members may be any age, including under the age of 18; however, Add-On Members under the age of 18 may utilize the Service only with the involvement of a parent or legal guardian and as such parent or legal guardian’s Add-On Member. Add-On Members are not eligible for discounted Telehealth Services. Members (including annual members) are limited to one hundred (100) discounted telehealth visits per month.

Free trial eligibility is determined by GoodRx at its sole discretion. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are ineligible for a free trial offer. Individuals, households, or members of an organization with an existing or recent GoodRx membership are not eligible. We may use information such as device ID, method of payment, or an account email address used with an existing or recent GoodRx membership to determine eligibility. For combinations with other offers, restrictions may apply. To view more details about your plan, visit our website and click the “Account” link, then click on “Plan Information.” You may also open the mobile application, log in, tap on the “Account” tab, and then tap “Manage” next to the “GoodRx Gold” section.

GoodRx may change the price of your Membership from time to time, and will communicate any price changes to you via the email associated with your Membership in advance of any price increase, and if applicable, how to accept those changes. Price changes will take effect at the start of the next Membership Cycle following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Gold Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Gold Services prior to the price change going into effect.

Use of the Gold Services

Access to Information

Information about your Prescriptions. Most prescriptions purchased in the United States, including prescriptions filled through the use of discount coupons, loyalty cards, or insurance copays, result in the pharmacy reporting patient data back to the company that provides the benefit (“Claims Data”). GoodRx uses and stores this Claims Data linked to the information you provide when using the Services (including, without limitation, your name, email address, prescription names, and your address) to provide you with targeted coupons and discounts on prescriptions through your Account.

Each Member may view his or her own prescription history on the website or the application, and that of Add-On Members for mail delivery prescription orders. If you view the prescription history of Add-On Members, or you request that a mail delivery prescription be fulfilled on behalf of a family member or dependent, you represent and warrant that you have permission to do so and to view the prescription information related to your request and your family member. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. GoodRx fully honors patient freedom of choice, and if you receive a prescription for a medication, you always have the option to instruct GoodRx to transmit that prescription to the pharmacy of your choice.

If you cancel your Membership, you may request that we delete your Claims Data by calling 1-855-487-0694 or by submitting a request via goodrx.com/requestdeletion.

Information about your Telemedicine Visits

Information regarding your telemedicine visit is provided to us, stored, and added to your Account. Through the tools in your Account you can also access messages regarding your visit, as well as medical history and other details pertaining to your telemedicine visit

Restrictions on Use

Whether you are a Member or an Add-On Member, you agree not to use the Gold Services in a way that is, in GoodRx’s sole discretion, harmful to others (including minors) in any way or violates any applicable law, regulation, obligation, or other similar restrictions imposed by a government entity. You also agree not to violate any community requirements periodically posted by GoodRx, remove any copyright, trademark, or other proprietary notices from any portion of the Services (including any discount coupons or other Member-only content sent to you), cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Gold Services, or attempt to gain unauthorized access to, or impair any aspect of the Services, or its related systems or networks (or to other computer systems or networks connected to, or used together with the Services), whether through password mining or any other means. You shall promptly notify GoodRx if you learn of any security breach related to the Services.

You agree that any prescriptions or pharmaceutical products that you acquire or obtain through the Gold Services will be solely for your (or your family member’s or dependent’s, as applicable to whom the prescription is written for) personal use. GoodRx may cancel, suspend, or terminate your access to the Gold Services at any time, and for any reason, including any violation of these Terms.

No Medical Advice by GoodRx

The Providers who provide discounted telehealth visits as part of the Membership are independent of GoodRx and are merely using the Services as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from GoodRx. Your interactions with the Providers via the Services are not intended to take the place of your relationship with your regular healthcare practitioners or primary care physician. Neither GoodRx, nor any of its subsidiaries or affiliates, or any third party who may promote the Services or provide a link to the Services,, shall be liable for any professional advice obtained from a Provider via the Services, nor any information obtained through the Services. GoodRx does not recommend or endorse any specific Providers, tests, practictioners, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Services is solely at your own risk and you assume full responsibility for all risks associated therewith.

GoodRx does not make any representations or warranties about the training or skill of any Providers who deliver services via the Services. You will be provided with an available Provider based solely on the information you submit to the Services. You are ultimately responsible for deciding to accept the services of your particular Provider.

The content of the Services, including, without limitation, any text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by GoodRx. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by GoodRx, or in connection with any communications supported by GoodRx, is intended to be for general informational purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While GoodRx facilitates your selection of, and communications with, Providers through GoodRx Gold, GoodRx does not provide medical services, and the provider-patient relationship is between you and the Provider.

All other content available through the Gold Services and the Services are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of the Services.

GoodRx does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned on the Services. Reliance on any information provided by GoodRx, GoodRx employees or others is solely at your own risk.

Fees and Payments

By starting your Membership, you authorize GoodRx to charge your Payment Method a membership fee at the then current rate, which may change from time to time (the “Membership Fee”), on the first day of each Membership Cycle until your Membership is canceled, placed on hold, or terminated. GoodRx reserves the right to change the timing of its billing, provided that GoodRx will adjust the amount it bills in accordance with any such change.

If GoodRx does not receive the Membership Fee from you, GoodRx may terminate your access to the Services. All fees are non-refundable, unless otherwise provided in these Terms. As between you and GoodRx, GoodRx reserves the right to revise any fees at any time in GoodRx’s sole discretion.

If a Membership Fee is not successfully settled, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Services or any portion thereof.

GoodRx will bill the Membership Fee to you through a third-party provider, which shall be governed by the third-party provider’s terms of service and privacy policy, which shall be incorporated herein by reference. Our current third-party provider’s (Stripe, Inc.) Consumer Terms of Service are available at https://stripe.com/legal/consumer, and its Privacy Policy is available at https://stripe.com/privacy.  GoodRx uses such third-party provider to process payments for the Services from your financial service provider. The third-party provider alone collects and manages your payment information, including, without limitation, any credit card numbers; GoodRx does not store or have access to any of your payment information. You may have the option of establishing a payment account with the third-party provider to facilitate recurring payments, which would then be subject to separate terms and conditions. Click here for more information on how Stripe collects, uses, and protects your payment information.

Cancellation of Membership

Your Gold Membership starts on the date that you sign up for a membership and provide us with your payment method. You will be charged for your Membership starting on the date of your membership, unless you have a free trial period (as specified during your sign-up for the membership). After your free trial period ends (if any), your Gold monthly Membership will automatically renew and continue for a one (1) month period, and your Gold annual Membership will automatically renew and continue for a one (1) year period (each, a “Membership Cycle”) unless and until you cancel your Membership or GoodRx terminates it. For example, if your Gold Membership starts on May 12, and your trial period ends on June 12, your Gold Membership will automatically renew for an additional Membership Cycle on June 12 unless you cancel prior to June 12, or GoodRx terminates your Membership. Unless you have a discounted Membership Fee, you will be charged $9.99 for the Individual Membership or $19.99 for the Family Membership for each monthly Membership Cycle, or $89.99 for the Individual Membership and $179.99 for the Family Membership for each annual Membership Cycle prior to or at the beginning of each Membership Cycle. You will be charged to the credit card number you provided.

You can cancel your Gold monthly or annual Membership at any time. To avoid charges associated with the next Membership Cycle, cancel at least one (1) day prior to your Membership Cycle renewal date. If you cancel your Membership within the first thirty (30) days of your Membership, you will receive a full refund of any fees paid. Amounts paid for medications and prescriptions are not refundable. You may find your Membership Cycle renewal date or cancel or modify your Membership by visiting the “Account” option while logged in to your account online and clicking on “Plan Information,” or while logged in the GoodRx app and clicking on “Manage” next to the “GoodRx Gold” section. You can also update your billing details on your account page. If you cancel your Membership at least one (1) day before the next Membership Fee is due, your Membership and access to the Services will terminate on the day your next Membership Fee is due. Otherwise, GoodRx will bill you for an additional Membership Fee, and your Membership and access to the Services shall expire one month after your last paid Membership Fee for monthly Membership Cycles, or one year after your last paid Membership Fee for annual Membership Cycles. If you need to update your billing details associated with your account at any time, you may do so from your account page.

You may also cancel your membership via mail. Your request must include the full name, Gold Member ID and email address connected with your Gold account. Please mail this request to: GoodRx, Inc., Attn: Patient Advocacy-Gold Cancellation, 2701 Olympic Blvd., West Building Suite 200, Santa Monica, CA 90404

For Rhode Island Residents

For Delaware Residents

For Louisiana Residents

For Ohio Residents

For West Virginia Residents

Messaging Services

As part of GoodRx Gold, GoodRx may send pricing information and coupons via communications, including, but not limited to, email and text messaging. By becoming a Member of GoodRx Gold, you are consenting to be contacted with prescription-related information. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party.

Miscellaneous

Any cause of action brought by you against us or our Affiliates for the Gold Services must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.

You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this Services, or use of or access to this Services.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

Please contact us at info@goodrx.com with any questions regarding these Terms.

GoodRx Care Assistant.

GoodRx Care Assistant is a non-clinical software service provided by us or on our behalf, which assists users navigating the Services. The GoodRx Care Assistant is not a healthcare provider and does not provide medical care or a medical diagnosis. All of the information you provide to the GoodRx Care Assistant such as text, graphics, video, photographs, images, messages, forum postings, and any other materials (“Care Assistant Information”), will not be subject to the Medical Group Notice of Privacy Practices unless such Care Assistant Information is integrated into your medical chart for review by the Provider. THERE IS NO GUARANTEE THAT CARE ASSISTANT INFORMATION WILL BE SEEN BY A PROVIDER.

Any Care Assistant Information, whether or not provided to a Provider, may be retained and used by us to provide products and services to you through the Services as well as develop new features and offerings, subject to the terms of our Privacy Policy.

ALL OF THE MATERIAL PROVIDED THROUGH THE GOODRX CARE ASSISTANT PORTION OF THE SITE, SUCH AS TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, MESSAGES, FORUM POSTINGS, AND ANY OTHER MATERIALS, ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. GOODRX CARE ASSISTANT DOES NOT PROVIDE MEDICAL CARE, ADVICE OR DIAGNOSIS AND IS NOT A QUALIFIED HEALTHCARE PROVIDER.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION PROVIDED THROUGH THE GOODRX CARE ASSISTANT.

GoodRx Health.

GoodRx Health is a producer of original health videos, with a comprehensive library of videos across a broad scope of health topics, such as disease conditions, nutrition, wellness, and lifestyle.  All content provided by GoodRx Health is for informational purposes only and does not provide medical advice.  Please see Section 5 of these Terms for more information.

Participation in Third-Party Promotions.

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

Purchases.

You can make purchases via certain Services. We accept credit cards and debit cards issued by U.S. banks. If a credit card account or debit card account is being used for a transaction, we may obtain pre-approval for an amount up to the amount of the payment. By enrolling in such services, you authorize us to charge the credit card or debit card associated with your Account on a recurring basis for the applicable amount of the recurring product and/or service until you cancel the applicable services through your Account. You may cancel the applicable services at any time. If you want to designate a different credit card or debit card or if there is a change in your credit card or debit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

4. Restrictions on Use.

You agree not to use the Services in a way that is, in GoodRx’s discretion, harmful to minors in any way or violates any applicable law, regulation, obligation or other similar restrictions imposed by a government. You also agree not to violate any community requirements posted by GoodRx from time to time, remove any copyright, trademark or other proprietary notices from any portion of the Services (including any discount coupons or other content sent to you), cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means. You shall promptly notify GoodRx if you learn of any security breach related to the Services.

You agree that any prescriptions or pharmaceutical products that you acquire or obtain through the Services will be solely for your (or your family member’s or dependent’s, as applicable to whom the prescription is written for) personal use. GoodRx may cancel, suspend, or terminate your access to the Gold Services at any time and for any reason, including any violation of these Terms.

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Services or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Services, deep-link to any feature or content on the Services, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Services or any activity being conducted on this Services.

You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit GoodRx Services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.

You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.

Your Account or access to Services may be terminated for any of the above infractions.

5. Not Medical Advice.

The contents of the Services are for informational purposes only. The content does not provide medical advice and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professionals or providers with any questions you may have regarding a medical condition or medicine. Never disregard professional medical advice or delay in seeking it because of the Services.

GoodRx does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned in relation to the Services. Reliance on any information provided by GoodRx or the Services is solely at your own risk.

You may have access to medical professionals through the Telehealth Services or through third party services referenced or listed by the Services.

With respect to the Telehealth Services, GoodRx does not provide medical advice or care. GoodRx contracts with the Medical Group, an independent, physician-owned medical group with a network of United States based Providers who provide clinical telehealth services. The Medical Group Providers deliver clinical services via the GoodRx platform to their patients. Providers are independently contracted or employed by the Medical Group. Providers are not contracted or employed by GoodRx. The Providers, and not GoodRx, are responsible for the quality and appropriateness of the care they render to you. The Providers are independent of GoodRx and are merely using the Services as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from GoodRx. While GoodRx facilitates your communications with, Providers, GoodRx does not provide medical services, and the doctor-patient relationship is between you and the Medical Group Provider.

The Services also provide information about links to services with which you may provide you with online visits for many popular health conditions, which visits may include medical advice from medical professionals who are able to prescribe medication. To the extent you wish to use the service, you are receiving advice and prescriptions from third parties and not GoodRx.  Any advice or services you receive will be subject to additional terms you will agree to from such third parties.

The content of the Services (including the Telehealth Services and Healthination), including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, counseling, diagnosis, treatment, the practice of medicine including but not limited to psychiatry, psychology or psychotherapy, the creation of a physician-patient or clinical relationship or recommendations of any kind by GoodRx. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions or any other matter related to your health or general well-being. All information provided by GoodRx, or in connection with any communications supported by GoodRx, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.

The inclusion of information and links related to any third-party telehealth provider in the Services is for informational purposes only.  GoodRx is not arranging for any referral to, or making any recommendation of, or referral to, any particular telehealth provider. The inclusion of any telehealth provider’s information or links in the Services does not constitute an endorsement or recommendation by GoodRx. It is your responsibility to select a telehealth provider of your choice, if any, based on your own research and due diligence. GoodRx does not credential or certify healthcare practitioners.  You are completely free to choose any telehealth provider referenced by the Services, to choose your own telehealth provider not referenced by the Services, or to have an exam performed by an in-person provider.

If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.

6. The Services are “As Is”.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GOODRX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. GOODRX DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, GOODRX SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.

GoodRx is not obligated to provide any maintenance, technical or other support for the Service.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. GoodRx does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

7. Eligible Users.

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with GoodRx and meet all of the foregoing eligibility requirements. The Services are offered and available to users who reside in the United States or any of its territories or possessions. If you do not meet all of these requirements, you must not access or use the Services.

8. License.

GoodRx Limited License to You.

Subject to your compliance with these Terms, GoodRx grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the GoodRx websites and mobile applications solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by GoodRx and GoodRx’s licensors.

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by GoodRx; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third Party Services and Content.

The Services may link you to other websites and services on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other third parties. These websites and services may contain information or material that some people may find inappropriate or offensive. These other websites, services and parties are not under GoodRx’s control, and you acknowledge that GoodRx and its Affiliates are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the materials or substance of such websites and services, nor are GoodRx or its Affiliates responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied. The inclusion of any telehealth provider on GoodRx’s marketplace or in any other communication is for informational purposes only.  GoodRx is not arranging for any referral to, or making any recommendation of, or referral to, any particular telehealth provider. The inclusion of any telehealth provider does not constitute an endorsement or recommendation by GoodRx, whether or not the telehealth provider appears on the GoodRx marketplace or is accessible through hyperlinks in the GoodRx website. Any listing of telehealth providers only indicates that such telehealth providers have contracted to be listed on GoodRx’s marketplace. It is your responsibility to select a telehealth provider of your choice, if any, based on your own research and due diligence.

The Services may be made available or accessed in connection with third party services and content, including advertising. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. GoodRx does not endorse such third party services and content and in no event shall GoodRx be responsible or liable for any products or services of such third party providers, including pharmaceutical products or medical care (“Third Party Providers”).

Ownership.

Copyright © 2023 GoodRx, Inc. All Rights Reserved.

The following are registered trademarks or service marks of GoodRx or its Affiliates: GoodRx, You’re Good, GoodRx Gold, GoodRx Plus, GoodRx+, Health and Happiness, HeyDoctor, Good Health, GoodRx Care, and My Best Pharmacy. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of GoodRx or its Affiliates. All other trademarks or service marks are property of their respective owners. The Services and all rights therein are and shall remain GoodRx’s property or the property of GoodRx’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner GoodRx’s company names, logos, product and service names, trademarks or services marks or those of GoodRx’s licensors. For purposes of these Terms, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services available only to Gold Members utilizing the Services. By accepting these Terms, you acknowledge and agree that all content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of GoodRx and/or its Affiliates. You are only permitted to use the content as expressly authorized by GoodRx or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content in any form or by any means without prior written permission from GoodRx or the specific content provider, and you are solely responsible for obtaining permission before reusing any content. Any unauthorized use of content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither GoodRx nor its Affiliates warrant or represent that your use of content will not infringe the rights of third parties.

9. User Accounts.

In order to use some aspects of the Services, you must register for and maintain one or more accounts (“Accounts”). Account registration requires you to submit to GoodRx certain personal information, such as your full name, email address, date of birth, or mobile phone. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use the Services.

GoodRx and the Medical Group may contact you by telephone, mail, or email to verify your Account information. GoodRx and the Medical Group may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested, we reserve the right to suspend, discontinue, or deny your access to and use of the Services until you provide the information to us as requested.

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Therefore, you must take steps to ensure that others do not gain access to your password and Account. Our personnel will never ask you for your password. You may not transfer or share your Account with anyone, and we reserve the right to immediately terminate your Account if you do transfer or share your Account. Unless otherwise permitted by GoodRx in writing, you may only possess one Account. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).

You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

10. Messaging Services.

GoodRx may allow users to request and receive pricing information, coupons and marketing messages via communications, including but not limited to text messaging and email. By providing us with your contact information, you are consenting to receive pricing information, coupons and marketing messages from GoodRx, including being contacted with communications containing prescription-related information and medical information. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party. GoodRx provides no warranty for any of the pricing data or other information provided to you via such communications. If you provide us with a third party’s contact information in connection with a messaging service, you represent that you have permission for us to contact such third party, including with certain health-related information. When you use the Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

Consent to Receive Text Messaging and Telephone Calls.

1. When you opt-in to receive SMS messages from Good, you agree that GoodRx may contact you by text message (including by an automatic telephone dialing system) at the mobile number provided by you or on your behalf in connection with your GoodRx account or otherwise provided to us (such as texting a GoodRx coupon to yourself), including for marketing purposes.  You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services.  Consenting to text messaging isn’t required to use a GoodRx coupon, and if you prefer not to get text messages, please use email to send yourself a coupon instead.

2. You can cancel this service at any time by texting STOP in response to a message, or by texting “STOP” to 466379. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.

If you want to join again, just visit a GoodRx price page to text yourself a coupon, or visit any other GoodRx feature that allows you to sign up for text messages, and we will start sending messages to you again.

3. If at any time you forget what keywords are supported, just text “HELP” to 466379. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

4. Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

5. T-Mobile is not liable for delayed or undelivered messages.

6. As always, message and data rates may apply for any messages sent to you from us and to us from you.  Message frequency will vary based on your use.  If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

For all questions about the services provided by this short code, you can call our Patient Advocacy team toll-free at 1-(855) 298-6365.

7. If you have any questions regarding privacy, please read our Privacy Policy.

11. User Provided Content.

GoodRx may, in GoodRx’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to GoodRx through the Services textual, audio, and/or visual content and information, including commentary, testimonials and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). You may also submit User Content via surveys, customer service communications and social media channels. You grant GoodRx a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content, including in edited and partial form, together with your name, location, and any other personal information you provide in all formats and distribution channels now known or hereafter devised (including in connection with the Services and GoodRx’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant GoodRx the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor GoodRx’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by GoodRx in its sole discretion, whether or not such material may be protected by law. GoodRx may, but shall not be obligated to, review, monitor, or remove User Content, at GoodRx’s sole discretion and at any time and for any reason, without notice to you, except where prohibited.

12. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GOODRX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, GOODRX MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, ACCURACY, TIMELINESS, QUALITY, SECURITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GOODRX DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS, INCLUDING THE MEDICAL GROUP OR PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

INFORMATION AVAILABLE THROUGH THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED THEREIN TO STOP PROVIDING MAIL DELIVERY SERVICES, AND TO SWITCH OUR ASSOCIATED THIRD PARTY CONTRACTORS AND VENDORS, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICES OR THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. GOODRX MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, CONTENT, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES OR THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY GOODRX OR ITS AFFILIATES.

Content available through the Services often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with GoodRx. GoodRx does not endorse, nor is it responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized GoodRx, Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms.

You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Services are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY THE PHARMACIES LISTED ON THE SITE MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY THE PHARMACY OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. GOODRX DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIM. IF NOT COMMENCED WITHIN THIS ONE (1) YEAR PERIOD, YOU AND WE ARE EACH PERMANENTLY BARRED FROM PURSUING THAT CLAIM.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

GOODRX SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE MEDICAL GROUP OR PROVIDERS. GOODRX SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF GOODRX, EVEN IF GOODRX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GOODRX SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF GOODRX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOODRX SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GOODRX’S REASONABLE CONTROL.

THE SERVICES MAY BE USED BY YOU TO ACCESS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT GOODRX HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS. FURTHER, GOODRX SHALL NOT BE LIABLE IN ANY WAY FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF MEMBERSHIP FEES

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES OR PRODUCTS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GOODRX’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON GOODRX’S CHOICE OF LAW PROVISION SET FORTH BELOW. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF GOODRX TO YOU WITH RESPECT TO YOUR USE OF THE SERVICES IS $50 (FIFTY DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

Indemnity.

You agree to indemnify and hold GoodRx and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees related to defending or resolving any suits), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) GoodRx’s use of your User Content; (iv) your violation of the rights of any third party, including Third Party Providers or (v) your violation or alleged violations of applicable laws or regulations, including anti-spamming rules, regulations, laws, statutes. GoodRx reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GoodRx in asserting any available defenses.

13. Other Provisions.

Choice of Law.

These Terms shall be governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute that is not subject to arbitration under Section 2 of this Agreement shall be brought in the appropriate state or federal court located in New York County, New York, and we and you each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, New York for the adjudication of all non-arbitral claims.

Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe their rights under US copyright law have been infringed. If you believe in good faith that materials hosted by us infringe your copyright (for example, materials posted by a user on one of our forums), you or your agent can send us a notice requesting that the material be removed or access to it blocked. In the event the site allows you to upload copyrighted material, these Terms apply.

If you believe your copyright-protected work has been posted on the site or in conjunction with Service in a way that constitutes copyright infringement (please consult an attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws), please contact our DMCA Agent with a notice containing the following information:

• Reasonably sufficient details to enable us to identify the work claimed to be infringed (e.g., title, author, any registration or tracking number, URL) or, in the case of multiple works, a representative list of such works;
• Reasonably sufficient details to enable us to identify and locate the material claimed to be infringing (e.g., a link to the page that contains the material);
• Your name, address, telephone number, and, if available, email address;
• A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
• A written statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
• Your physical or electronic signature.

If you believe material that you have posted to the Services has been improperly taken down, you may file a written counter-notice with our DMCA Agent. Please include the following details:

• Identification of the material that has been removed or to which access has been disabled and the location at which it appeared before it was removed or disabled;
• A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• Your name, address, telephone number, and, if available, email address;
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the US, for any judicial district in which GoodRx may be found, and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as described above; and
• Your physical or electronic signature.

DMCA notices must meet current statutory requirements imposed by the DMCA.

Please send DMCA notices to our DMCA Agent at the following address or by email (subject line “DMCA Communication”): DMCA Agent, GoodRx, Inc., 2701 Olympic Blvd., Santa Monica CA 90404.

Email: legal@goodrx.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake, may be subject to liability. Please also be advised that we enforce a policy of terminating the Accounts of repeat infringers (i.e., users who have made two or more postings for which we receive a notice of infringement).

GoodRx’s DMCA Agent should be contacted only for the purposes set forth in this Section. NON-DMCA INQUIRIES DIRECTED TO GOODRX’S DMCA AGENT WILL NOT BE ANSWERED. MISUSE OF THE DMCA CAN SUBJECT YOU TO LIABILITY.

Notice.

GoodRx may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to GoodRx, with such notice deemed given when received by GoodRx, at any time by first class mail or pre-paid post to GoodRx, Inc., 2701 Olympic Blvd., Santa Monica CA 90404 or by email sent to the attention of Customer Service at info@goodrx.com.

Entire Agreement.

Except as expressly provided herein, these Terms, any supplemental terms, and the Privacy Policies referenced herein constitute the entire agreement between you and GoodRx with respect to the use of the site and Services and supersede all prior agreements with respect to the subject matter hereof.

Changes to these Terms.

We may amend these Terms at our discretion and at any time. When we make changes to this Terms, we will post the updated notice on our Services with the date of the last update. Where permitted by applicable law, your continued use of our Services following the posting of changes constitutes your acceptance of such changes.

General.

You may not assign these Terms without GoodRx’s prior written approval. GoodRx may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of GoodRx’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, GoodRx or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. GoodRx’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GoodRx in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. Please contact us at legal@goodrx.com with any questions regarding these Terms.