Terms and Conditions
Effective Date: 12/3/2020
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.
About GoodRx Prescription Discounts
The GoodRx for AAA members program is not insurance and cannot be combined with federal or state-funded programs like Medicare or Medicaid. The GoodRx for AAA Members program does not meet any creditable coverage requirements under any state law.
No purchase or payment is necessary for AAA members to obtain and use a GoodRx Prescription Discount card. You can obtain a Card (defined below) free of charge by reaching out to us at 1-855-470-9649.
With the GoodRx for AAA members program, you'll be able to find discounts of up to 85% on your prescriptions off the pharmacy retail price. The range of discounts will vary depending on the type of provider and service received. The GoodRx for AAA members program does not pay providers (aka, pharmacies). You are obligated to pay for all services provided by participating pharmacies. The GoodRx for AAA members program works at participating pharmacies.
Our plan administrator is MedImpact Healthcare Systems, Inc., located at 10181 Scripps Gateway Court, San Diego, CA 92131.
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, 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 in accordance with the American Arbitration Association’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “Arbitration Rules”) then in effect, except as modified by this Arbitration Agreement. The Arbitration Rules are available at www.adr.org or by calling the American Arbitration Association 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 these 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 Arbitration Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and Arbitration 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 Arbitration Rules. (The American Arbitration Association provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the American Arbitration Association 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 American Arbitration Association'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 American Arbitration Association will appoint the Arbitrator in accordance with the Arbitration 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 Arbitration Rules. Subject to the Arbitration 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 Arbitration 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 American Arbitration Association filing, administrative and arbitrator fees will be solely as set forth in the Arbitration 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 GoodRx for AAA members program offers discounts on prescriptions to American Automobile Association ("AAA") members ("AAA Members") through the GoodRx for AAA members program Site and discount cards issued to AAA members ("Cards") accessing the Site. The GoodRx for AAA members program is a program that provides AAA members even bigger discounts on prescriptions through the Site and Cards, and by email messages (which you may elect to receive or opt out of receiving) (collectively, the "Services").
Use of the Services
Access to Information
Most prescriptions purchased in the United States, including prescriptions filled through the use of discount coupons, loyalty cards or insurance co-pays, 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 and to market to you.
Restrictions on Use
As a participant in the GoodRx for AAA members program, 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 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 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.
Not Medical Advice
The contents available through the Services and the Site 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 Site.
GoodRx does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned on the Site. Reliance on any information provided by GoodRx, GoodRx employees or others is solely at your own risk.
Collection and Use of Your Information
Intellectual Property Rights
Copyright © GoodRx, Inc. All Rights Reserved.
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 AAA 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.
The following are registered trademarks or service marks of GoodRx or its Affiliates: GoodRx. 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. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of GoodRx or its Affiliates.
Term and Termination
GoodRx reserves the right to modify or terminate the Services, access to the Services and/or access to the Services by terminating or deactivating the program for any or no reason, without notice, at any time and without liability to you. If the program is terminated, we may retain any content that you posted or data that you generated and use of the Services or delete it, and all rights granted to you in these Terms will cease immediately. 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.
Third Party Content
The Services may link you to other sites and services on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other third parties. These sites and services may contain information or material that some people may find inappropriate or offensive. These other sites, 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 sites 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 Site or party by us, or any warranty of any kind, either express or implied.
Participation in Promotions
From time to time, the Services may include additional discounts offered by third parties shown here. 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.
Disclaimer of Warranties
ALL CONTENT AND SERVICES ARE PROVIDED TO MEMBERS ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GOODRX MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES, OR DISCOUNTS PROVIDED FROM GOODRX OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. 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, 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.
WE MAKE 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 US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the Services available through this Site 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 available on this Site 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.
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 NO EVENT SHALL GOODRX OR AN AFFILIATE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT GOODRX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. IN NO EVENT WILL GOODRX’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE EXCEED FIVE THOUSAND DOLLARS ($5,000)
FURTHER, GOODRX SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by GoodRx, you agree to defend, indemnify, and hold GoodRx and its Affiliates harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Services. 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.
This Site (excluding any linked sites) is controlled by us from our offices within California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of California with respect to such matters. 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 the Arbitration Agreement herein, 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 Agreement herein or to any arbitrable disputes as defined therein. Instead, as described in the Arbitration Agreement above, the Federal Arbitration Act shall apply to any such disputes.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by email, or to GoodRx, Inc., 2701 Olympic Blvd. Suite B, Santa Monica, CA 90404 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Services or Site to inform you of changes to the Services or Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
From time to time, GoodRx may allow you to submit user feedback and testimonials ( "Testimonials") about your experience with GoodRx. Testimonials includes all feedback submitted via any channel, including but not limited to via the Site and mobile applications, email, survey and customer service communications. By submitting a Testimonial, you agree that GoodRx may use your Testimonial, including in edited and partial form, together with your name, location, and any other personal information you provide in any and all forms of marketing and promotional material including, without limitation, website publication, print ads, online ads, television ads, radio ads, and for any and all other uses.
As part of the GoodRx for AAA members program, GoodRx may send pricing information and coupons via communications including but not limited to direct mailers, email and text messaging. By participating in the GoodRx for AAA members program, you are consenting to be contacted by GoodRx with prescription-related information, such as savings summaries and refill reminders. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party.
In any action to enforce these Terms, the prevailing party will be entitled to costs and attorney's fees. Any cause of action brought by you against us or our Affiliates must be instituted with 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 free 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 Site, or use of or access to this Site.
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. 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 firstname.lastname@example.org with any questions regarding these Terms.