These Terms were last updated on April 8, 2021.
- Contractual Relationship
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 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 amend the Terms from time to time. Amendments will be effective upon GoodRx's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
- Arbitration Agreement
By agreeing to the 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, consolidated, or representative action brought against GoodRx by someone else.
Agreement to Binding Arbitration Between You and GoodRx.
You and GoodRx agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) 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 by binding arbitration between you and GoodRx, and not in a court of law. 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 acknowledge and agree that you and GoodRx are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and GoodRx otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and GoodRx each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ( “FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and GoodRx otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and GoodRx submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. GoodRx will not seek, and hereby waives all rights GoodRx may have under applicable law to recover attorneys' fees and expenses if GoodRx prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, GoodRx will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
- 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 is a subscription service that offers specific prescription discounts and access to discounted Telehealth Services (see Telehealth Services section below) to members (“Gold Member”).
GoodRx Gold discounts are not insurance. GoodRx Gold can be used instead of, but not in conjunction with insurance. GoodRx Gold discounts are not intended as a substitute for health insurance. The range of the discounts will vary depending on the type of provider and services received. You are required to pay for all services at the time of purchase. GoodRx Gold does not make payments to any pharmacy or health care provider. GOODRX GOLD DISCOUNTS DO NOT MEET MINIMUM CREDITABLE COVERAGE REQUIREMENTS UNDER STATE HEALTHCARE COVERAGE REGULATIONS.
Please note that cash payments that you make for medications using GoodRx Gold prescription discounts 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 Gold cannot be combined with federal or state-funded programs like Medicare or Medicaid.
GoodRx Gold prescription discounts and prices shown are based on multiple sources, including published price lists, purchases, claims records, and data provided by pharmacies. GoodRx Gold discounts 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 Gold discounts and prices may change at any time.
In order to be a Gold Member, you must first register for an Account with GoodRx as set forth in Section 9 (User Accounts) below. You must then complete the registration process necessary to become a Gold Member by following the instructions set forth in the GoodRx Gold application and providing certain information to GoodRx, such as a payment method (“Payment Method,” which you may edit through the Gold Site under “My Account” and then “Settings”), name, email address, pharmacy, prescriptions, and any other information as requested by GoodRx (“Registration Data”). You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card or debit card and credit card or debit card information.
A Gold Member may add up to five (5) other people and pets who are in such Gold Member's immediate family (each, an “Add-On Member”). Each Add-On Member will have a separate Account and will be assigned a separate Card. Gold Members and Add-On Members must use the Cards assigned to them, although Gold Members and Add-On Members may use each other's cards interchangeably. Add-On Members may be any age, including under the age of 18, provided, however, that 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.
Your Gold Membership starts on the date that you sign up for a Gold Membership and provide us with your Payment Method. After your trial period ends (if any), your Gold Membership will automatically renew and continue for one (1) month periods (each, a “Membership Cycle”) unless and until you cancel your Gold 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 Gold Membership. If you cancel your Gold Membership at least one (1) day before the next Membership Fee is due, your Gold 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 Gold Membership and access to the Gold Services shall expire one month after your last paid Membership Fee. If you cancel your Gold Membership within the first thirty (30) days of your Gold Membership, you will receive a full refund of any Membership Fees paid. You may cancel your Gold Membership and update your billing details by logging into your Gold account and visiting the Settings tab on the GoodRx mobile application at any time.
Free trial eligibility is determined by GoodRx at its sole discretion and GoodRx may limit eligibility or duration to prevent free trial abuse. GoodRx reserves the right to revoke the free trial and put your Account on hold in the event that GoodRx determines that you are not eligible. Individuals, households, or members of an organization with an existing or recent GoodRx membership are not eligible. GoodRx may use information such as device ID, method of payment or an 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 the Gold Site and click the “Account” link to view your Account Settings page. You may also open the App, tap on the “Settings” tab, log into your Account, then tap “GoodRx Gold”, then tap the “Plan” section. You may not receive a notice from GoodRx that your free trial period has ended or that the paying portion of your Gold Membership has begun.
GoodRx may change the price for your GoodRx subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the GoodRx 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 Services prior to the price change going into effect.
By starting your Gold Membership, you authorize GoodRx to charge your Payment Method a Gold Membership fee of the then-current rate, which may change from time to time (the “Membership Fee”), on the first day of each Membership Cycle until your Gold Membership is cancelled, 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 the Gold Site or any portion thereof.
GoodRx will bill the Membership Fee to you through a third party provider (currently, Stripe, Inc.) GoodRx uses 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 how Stripe collects, uses and protects your payment information.
Once you are a Gold Member, you will have access to pharmacies in the network without any waiting period. You can see a current list of GoodRx Gold participating pharmacies on the Gold Site, or by calling 1-855-487-0694. Please reach out to 1-855-487-0694 to request specific contact information for your department of insurance or service of process information for a specific state.
If you are a Gold Member, you may place your Gold Membership on hold when and for so long as you wish through the Gold Site. While your Gold Membership is on hold, you will not be charged Membership Fees (as defined below), provided that you submit the request to place your Membership on hold at least five (5) days before the start of the next Membership Cycle to avoid billing of the next Membership Fee.
If you are a Gold Member, you may cancel your Gold Membership through the Gold Site at any time. You will be charged $5.99 for the individual plan or $9.99 for the family plan after your free trial, if any, unless you cancel your subscription at least one day before your Membership Fee is due. If you cancel your Gold Membership at least one day before the next Membership Fee is due, your Gold Membership and access to the Services will terminate on the day your next Gold Membership Fee is due. Otherwise, GoodRx will bill you for an additional Membership Fee, and your Gold Membership and access to the Services shall expire one month after your last paid Membership Fee. If you cancel your Gold Membership within the first thirty (30) days of your Gold Membership, you will receive a full refund of any Membership Fees paid. You will be charged to the credit card number you provided. You may cancel your subscription and update your billing details on your account page.
GoodRx reserves the right to modify or terminate the Services, your status as a Gold Member, your Add-On Members' status as such and access to the Services and/or your access to the Services by terminating or deactivating your Account or canceling your Gold Membership for any or no reason, without notice, at any time and without liability to you. If your Gold Membership is terminated, you may still have access to your Account, and we may retain any content that you posted or data that you generated through your Account and use of the Services or delete it, and all rights granted to you in these Terms will immediately cease. You acknowledge and agree that your only recourse against GoodRx in the event GoodRx terminates your Gold Membership is a pro-rated discount of the monthly fee paid for the Services calculated as of the date your Gold Membership was cancelled. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Each Gold Member and Add-On Member may view their own prescription history on the Gold Site. If you are a Gold Member, you may automatically view the prescription history of Add-On Members who are under the age of 14, and you may view the prescription history of Add-On Members who are over the age of 13 only with the permission of the Add-On Member (which permission you may request through the Gold Site). 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.
The GoodRx Gold plan administrator is DST Pharmacy Solutions, Inc., located at 1300 Washington Street, Kansas City, MO 64105.
Manufacturer Programs. You may also choose to provide us with information to determine your eligibility for and to enroll in a pharmaceutical manufacturer’s copay card program. Such information may include your name, address, insurance information (such as whether you have commercial or government insurance), age and residency status. We do not control, operate or endorse in any respect information, products or services provided by such third parties and in no event shall GoodRx be responsible or liable for any products or services of such third party providers, including pharmaceutical products.
Home Delivery. In connection with your use of the Services, we may offer access to prescription delivery services via third parties. GoodRx does not endorse such third-party services. In no event shall GoodRx be responsible or liable for any products or services of such third-party providers, including pharmaceutical products. If you elect to sign up for recurring prescription deliveries, you authorize us to charge your credit card or debit card on file on a recurring basis (which may vary depending on your specific prescription) for the applicable amount of the prescription plus any fees until you cancel automatic refills on your Account. The price of your prescription may change between refills. You may cancel your delivery at any time by visiting your Account. You must cancel your delivery before your order is shipped in order to avoid any charges.
GoodRx offers an online communication platform for Providers (defined below) and their patients to connect through the use of synchronous and asynchronous telecommunications technologies.
We currently contract with the following medical groups to provide Telehealth Services the Site (collectively, the “Medical Group”): HeyDoctor Medical Group, P.C., HeyDoctor Medical Group (FL), P.A., HeyDoctor Medical Group (NJ), P.C., and HeyDoctor Medical Group (KS), P.A. The Medical Groups we contract with may change from time to time.
Neither GoodRx nor the Medical Group endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. 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. We and the Medical Group fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct the Medical Group to transmit that prescription to the pharmacy of your choice.
By using the Telehealth Services, you acknowledge the potential risks associated with Telehealth Services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
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 Site 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 Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither GoodRx or any third party who may promote the Site or Telehealth Services or provide a link to the Telehealth Services, shall be liable for any professional advice obtained from a Provider via the Site or Telehealth Services, nor any information obtained on the Site. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Telehealth Service is solely at your own risk and you assume full responsibility for all risks associated herewith. GoodRx does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Telehealth Services. You will be provided with an available Provider based solely on the information you submit to the Site. You are ultimately responsible for deciding to accept the services of your particular Provider.
The Telehealth Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification
Neither GoodRx nor Medical Group are insurers. The Telehealth Services are not insurance products, and the amounts you pay to us or the Medical Group are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
GoodRx and the Medical Group operate subject to state and federal regulations, and the Telehealth Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Telehealth Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Telehealth Services is limited exclusively to users located in States within the United States where the Telehealth Services are available. Telehealth Services are not available to users located outside the United States. Accessing the Site or Telehealth Services from jurisdictions where content is illegal, or where we do not offer Telehealth Services, is prohibited.
In the event a Telehealth Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Telehealth Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
GoodRx Care Assistant.
GoodRx Care Assistant is a non-clinical service provided by us, a software service which assists users navigating the Site. 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 (“Symptom Checker Information”), will not be subject to the Medical Group Notice of Privacy Practices unless such Symptom Checker Information is integrated into your medical chart for review by the Provider. THERE IS NO GUARANTEE THAT SYMPTOM CHECKER INFORMATION WILL BE SEEN BY A PROVIDER.
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.
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.
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 preapproval 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.
- 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 Site and the Services at any time and for any reason, including any violation of these Terms.
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.
- 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 Site 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 Servies also provide information about links to services with which you may provide you with online visits to 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, 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, 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 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.
- 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 Applications 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.
- 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.
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.
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.
Copyright © 2020 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.
- 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 name and email address 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.
- 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.
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.
You agree that GoodRx may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your Account or otherwise provided to us, including for marketing purposes. Should you send GoodRx a direct SMS message through a mobile device, such message constitutes your prior express written consent to receive the messages you request to that SMS device. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving marketing text messages from GoodRx at any time, either by texting the word “STOP” to the text message using the mobile device that is receiving the messages.
- 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.
- Disclaimers; Limitation of Liability; Indemnity
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.
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.
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.
- Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of California law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
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.
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.
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 email@example.com.
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.
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 firstname.lastname@example.org with any questions regarding these Terms.