RxSmartSaver+ Terms of Service
Effective Date: 06/24/2026
Welcome to RxSmartSaver+, a service powered by GoodRx, Inc. (“GoodRx”). Please read these Terms of Service (these “Terms”) carefully and in their entirety. Along with the GoodRx Terms of Use and Privacy Policy, these Terms set forth the legally binding terms and conditions that govern your use of the Services (as defined below). You acknowledge that by using or accessing the Services, you are accepting and consenting to be bound by these Terms. In the event of any conflict between the Terms of Use and these Terms as it relates to the Services, these Terms shall take precedence. If you do not agree with all of the provisions of these Terms, you may not access or use the Services. The terms "you" and "your" mean you, your dependents, or family members, if any, and any other person accessing your GoodRx account. For any person who uses your RxSmartSaver+ account or the Services, you represent and warrant that you have communicated or shared these Terms with that individual, you have valid authority to bind that party to this agreement, and your agreement to these Terms can and will be treated as the agreement of that other party.
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 RxSmartSaver+
RxSmartSaver+ is NOT health insurance. RxSmartSaver+ is not intended as a substitute for insurance, and does not meet any creditable coverage requirements under any state law. RxSmartSaver+ cannot be combined with federal or state-funded programs such as Medicare or Medicaid.
GoodRx offers discounts on prescriptions through the RxSmartSaver website (“the Site”) and discount cards issued to customers (“Cards”) accessing the Site. RxSmartSaver+ is a premium program that provides members (“Members” and your status as a Member is referred to as your “Membership”) even bigger discounts on prescriptions through the Site, and by email messages, which you may elect to receive or opt out of receiving, sent to the email address associated with your account (collectively, the “Services”). GoodRx SmartSaver+ is currently not available in Washington.
RxSmartSaver+ provides discounts at participating pharmacies, but GoodRx does not pay pharmacies as part of RxSmartSaver+. You are obligated to pay for all services provided. You may obtain a current list of participating RxSmartSaver+ pharmacies here or by calling 1-855-487-0694. The amount you save will vary depending on your individual retail prescription.
The plan administrator for RxSmartSaver+ is DST Pharmacy Solutions, Inc., located at 1300 Washington Street, Kansas City, MO 64105. The phone number for our plan administrator is 1-816-435-5400. RxSmartSaver+ is provided by GoodRx, Inc., located at 2701 Olympic Blvd, West Building Suite 200, Santa Monica, CA 90404. Please reach out to 1-855-487-0694 for assistance with questions, an up-to-date list of participating pharmacies or providers, or to request specific contact information for your department of insurance or service of process information for a specific state.
Your Membership
In order to participate in the Services, you must first register for an RxSmartSaver+ (your “Account”) in accordance with GoodRx's Terms of Use. You must then complete the registration process necessary to become a Member by following the instructions set forth in the RxSmartSaver+ application and providing certain information, such as a payment method (“Payment Method”), which you may edit through the Site under “My Account” and then “Settings”, and your name, email address, date of birth, mailing address, pharmacy, prescriptions, and any other information as requested to enroll (“Registration Data”). You agree that you will maintain and update this information as required in order to keep it current, complete, and accurate.
You also grant us the right to disclose to third parties certain Registration Data about you for the purpose of administering the program. The collection and use of personally identifiable information in connection with the Services is governed by GoodRx's Privacy Policy, which is incorporated into these Terms by reference.
You agree to fully, accurately, and truthfully create your RxSmartSaver+ Account when providing the Registration Data. Your GoodRx Account and credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your RxSmartSaver+ Account or credentials, and for all activities that occur under such RxSmartSaver+ Account or credentials. You agree to prohibit anyone else from using your RxSmartSaver+ Account or credentials and agree to immediately notify GoodRx of any actual or suspected unauthorized use of your RxSmartSaver+ Account or credentials or other security concerns of which you become aware. You must be at least 18 years of age to become a Member. However, a Member may add up to five (5) other people and pets to a Member’s RxSmartSaver+ Membership (each, an “Add-On Member”) at no additional cost. Each Add-On Member will have a separate Account and will be assigned a separate Card. Members and Add-On Members must use the Cards assigned to them as part of the RxSmartSaver+ Membership, although Members and Add-On Members covered by the same RxSmartSaver+ Membership may use each other's Cards interchangeably. Add-On Members may be any age, including under the age of 18; however, Add-On Members under the age of 18 may utilize the Service only with the involvement of a parent or legal guardian and as such parent or legal guardian's Add-On Member.
The price of your RxSmartSaver+ Membership may change from time to time, and we will communicate any price changes to you via the email associated with your Membership in advance of any price increase, and if applicable, how to accept those changes. Price changes will take effect at the start of the next Membership Cycle following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the 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.
Use of the Services
Access to Information
Information about your Prescriptions. Most prescriptions purchased in the United States, including prescriptions filled through the use of discount coupons, loyalty cards, or insurance copays, result in the pharmacy reporting patient data back to the company that provides the benefit (“Claims Data”). GoodRx uses and stores this Claims Data linked to the information you provide when using the Services (including, without limitation, your name, email address, prescription names, and your address) to provide you with targeted coupons and discounts on prescriptions through your Account.
Each Member and Add-On Member may view their own prescription history on the Site. If you are a 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 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. 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.
If you cancel your Membership, you may request that we delete your Claims Data by calling 1-855-487-0694 or by submitting a request via goodrx.com/requestdeletion.
Restrictions on Use
Whether you are a Member or an Add-On Member, you agree not to use the Services in a way that is, in GoodRx's sole discretion, harmful to others (including minors) in any way or violates any applicable law, regulation, obligation, or other similar restrictions imposed by a government entity. You also agree not to violate any community requirements periodically posted by GoodRx, remove any copyright, trademark, or other proprietary notices from any portion of the Services (including any discount coupons or other Member-only content sent to you), cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the 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 Site or 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 Site and the Services at any time, and for any reason, including any violation of these Terms.
Dispute Resolution
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against GoodRx on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against GoodRx, and also preclude you from participating in or recovering relief under any current or future class, collective or representative action brought against GoodRx by someone else.
Agreement to Binding Arbitration Between You and GoodRx (the “Arbitration Agreement”).
You and GoodRx agree that any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled through the dispute resolution process set forth herein, which includes binding arbitration between you and GoodRx, and not in a court of law.
This dispute resolution process and the Arbitration Agreement contained herein is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory; claims that arose before this or any prior Terms (including, but not limited to, claims relating to advertising); claims for mental or emotional distress or injury not arising out of physical bodily injury; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of the Terms or your use of any of the Services.
Both parties further acknowledge and agree to waive any right to a trial by jury. Both parties agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and GoodRx are each waiving the right to a trial by jury or to participate in a class action. For the avoidance of doubt, the scope of arbitration includes federal and state statutory and common law claims, including under the consumer protection laws and principles. You and GoodRx agree that any arbitrations between you and us will be subject to this Section and not to any prior arbitration agreement you had with GoodRx. This Section shall survive termination of these Terms or your use of any of the Services.
Class Action and Collective Relief Waiver
EXCEPT AS SET FORTH BELOW YOU AND GOODRX ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE BASIS, OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS CLAIMS AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF), UNLESS BOTH YOU AND GOODRX OTHERWISE AGREE IN WRITING. THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING.
This Class Action and Collective Relief Waiver are an essential part of this “Dispute Resolution” section, and if it is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor GoodRx may arbitrate such claim or dispute. Notwithstanding the foregoing, if a court or arbitrator determines that this is not enforceable as to a particular claim or request for relief, and all appeals from that decision (to the extent applicable in the Consumer Arbitration Agreement context) have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or GoodRx from participating in a class-wide settlement of claims.
Notwithstanding the foregoing, you and GoodRx each retain the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The other portions of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
If a dispute arises, GoodRx is committed to working with you to reach a reasonable resolution. For any issue or dispute that arises between you and GoodRx, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This includes first sending a written notice of dispute (“Mandatory Pre-Arbitration Notice”). A Mandatory Pre-Arbitration Notice from you to GoodRx must (1) be sent by certified mail, with a copy to legal@goodrx.com with the subject line “User Dispute”; (2) be addressed to: 2701 Olympic Blvd, Santa Monica, CA 90404, Attn: Legal Department (“Notice Address”); (3) contain your name, address, and email address; (4) describe the nature and basis of your claim; (5) include any relevant facts regarding your use of the Services, including without limitation the product or Service to which your dispute pertains (a free GoodRx account, a GoodRx Gold Membership, a GoodRx Care telehealth visit, etc.), the date(s) of any disputed charges, the date(s) of your interaction with each relevant Service; (6) specify the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation of them; and (7) include a personally signed statement from you (and not your counsel) verifying the accuracy of the contents of the Mandatory Pre-Arbitration Notice. The Mandatory Pre-Arbitration Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute.
After receipt of a completed Mandatory Pre-Arbitration Notice at the Notice Address, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Mandatory Pre-Arbitration Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Mandatory Pre-Arbitration Notice within 60 days after the completed Mandatory Pre-Arbitration Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).
Compliance with this Mandatory Informal Consumer Dispute Resolution Process set forth herein is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines (other than the filing fees due by Claimants to commence an arbitration matter) shall be tolled while the parties engage in Mandatory Informal Consumer Dispute Resolution Process set forth herein. All of the requirements of the Mandatory Informal Consumer Dispute Resolution Process are essential so that you and we have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Informal Consumer Dispute Resolution Process, provided that this shall not excuse Claimant from timely paying filing fees necessary to commence arbitration. If the arbitration is already pending prior to the completion of the Mandatory Informal Consumer Dispute Resolution Process, the arbitration shall be administratively closed. A party may seek damages for non-compliance with the Mandatory Informal Consumer Dispute Resolution Process in arbitration.
A. Arbitration Process.
Arbitration between GoodRx and a Consumer shall be governed by applicable rules of National Arbitration & Mediation (“NAM”) (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”), as modified by this Section (the “Consumer Arbitration Agreement”), and will be administered by NAM. (If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.) The NAM Rules are available online at www.NAMADR.com, by emailing NAM at commercial@namadr.com, or by requesting them in writing at the Notice Address. You may obtain a form to initiate arbitration at: https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf or by contacting NAM.
You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Consumer Dispute Resolution Procedure requirements referenced in this Section and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).
All issues, including the scope and enforceability of this Consumer Arbitration Agreement, are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision is binding only between you and us and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
As in court, you and we agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in this Consumer Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules. If the arbitrator finds that the arbitration fees will be prohibitive for you as compared to litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith. You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees.
In circumstances in which the NAM Rules provide for a live hearing, such hearing will take place remotely, unless the arbitrator finds that an in-person hearing may be necessary, in which case such hearing will take place in the U.S. county (or parish) of your residence, or otherwise in Los Angeles, California. If the Mass Filing process described in Section F is triggered, then the location of any necessary in-person hearing will be determined by the arbitrator.
B. Discovery During Arbitration.
The parties shall each be limited to a maximum of one (1) fact witness deposition per side, unless the arbitrator determines that more depositions are warranted based on the totality of circumstances, including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery. Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to”; and shall not be encumbered with extensive “definitions” or “instructions.” The Arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.
Electronic discovery, if any, shall be limited as follows. Absent a showing of compelling need: (i) electronic documents shall only be produced from sources used in the ordinary course of business, and not from backup servers, tapes or other media; (ii) the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format that is usable by the requesting party and convenient and economical for the producing party; (iii) the parties need not produce metadata, with the exception of header fields for email correspondence; (iv) the description of custodians from whom electronic documents may be collected should be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute; and (v) where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator may either deny such requests or order disclosure on the condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.
C. Confidentiality.
Proceedings before the arbitrator will be kept confidential in keeping in accordance with NAM Rules. Upon either party’s request, the arbitrator may issue an additional order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
D. Offer of Settlement.
In any arbitration between you and us, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the other party’s favor and is less than the defending party’s settlement offer or if the award is in the defending party’s favor, the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the claim may be entitled for the cause of action under which it is suing.
Mass Filing.
If, at any time, 25 or more claimants (including you) submit demands or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, consistent with the definition and criteria of Mass Filings (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), you and we agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) and any administrative or arbitration fee deadlines (other than Claimant's filing fees) shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Consumer Dispute Resolution Procedures are initiated, so long as the Mandatory Pre-Arbitration Notice complies with the requirements in Section A, until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Stage One: Counsel for the claimants and counsel for GoodRx shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration or administrative fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. For the avoidance of doubt, "arbitration or administrative fees" as used in this Arbitration Agreement are exclusive of any filing fees due by a Claimant to commence arbitration, which shall remain due by Claimant and are at all times non-refundable. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and GoodRx shall pay the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for GoodRx shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration or administrative fees be assessed in connection with those claims (except for any filing fees due by Claimant to commence arbitration, as applicable) unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and GoodRx shall pay the mediator’s fee.
Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for GoodRx shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration or administrative fees (except for any filing fees due by Claimant to commence arbitration, as applicable) be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.
If your claim is not resolved as part of the staged process identified above, either:
Option One: You and GoodRx may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these Terms. You may opt out of arbitration by sending GoodRx your individual, personally signed notice of your intention to opt out by certified mail addressed to GoodRx Inc., 2701 Olympic Blvd, Santa Monica, CA 90404, Attn: Legal Department, with a copy to legal@goodrx.com. Such an opt out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. GoodRx may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor GoodRx elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 20, then 20 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 20, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration or administrative fees (except for any filing fees due by Claimant to commence arbitration, as applicable) be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 20 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as that term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the apportionment of arbitration fees between parties. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with these Terms.
You and GoodRx agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and GoodRx acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.
Fees and Payments
By starting your Membership, you authorize GoodRx to charge your Payment Method a membership fee at the then current rate, which may change from time to time (the “Membership Fee”), on the first day of each Membership Cycle until your Membership is canceled, placed on hold, or terminated. GoodRx reserves the right to change the timing of its billing, provided that GoodRx will adjust the amount it bills in accordance with any such change.
If GoodRx does not receive the Membership Fee from you, GoodRx may terminate your access to the Services. All fees are non-refundable, unless otherwise provided in these Terms. As between you and GoodRx, GoodRx reserves the right to revise any fees at any time at GoodRx's sole discretion.
If a Membership Fee is not successfully settled, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our 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 on how Stripe collects, uses, and protects your payment information.
Cancellation of Membership
Your RxSmartSaver+ Membership starts on the date that you sign up for the Membership and provide us with your payment method. You will be charged for your Membership starting on the date of your membership, unless you have a free trial period (as specified during your sign-up for the membership). Your RxSmartSaver+ monthly Membership will automatically renew and continue for a one (1) month period, and your RxSmartSaver+ annual Membership will automatically renew and continue for a one (1) year period (each, a “Membership Cycle”) unless and until you cancel your Membership or your membership is terminated. For example, if your RxSmartSaver+ Membership starts on May 12, and your trial period ends on June 12, your RxSmartSaver+ Membership will automatically renew for an additional Membership Cycle on June 12 unless you cancel prior to June 12, or GoodRx terminates your Membership. You will be charged $9.99 for monthly, or $109.88 for annual Membership for each annual Membership Cycle prior to or at the beginning of each Membership Cycle. You will be charged to the credit card number you provided.
You can cancel your RxSmartSaver+ monthly or annual Membership at any time. To avoid charges associated with the next Membership Cycle, cancel at least one (1) day prior to your Membership Cycle renewal date. If you cancel your Membership within the first thirty (30) days of your Membership, you will receive a full refund of any fees paid. Amounts paid for medications and prescriptions are not refundable. You may find your Membership Cycle renewal date or cancel or modify your Membership by visiting the Site and opening your RxSmartSaver+ account page from the menu on the upper right. You can also update your billing details on your account page. If you cancel your Membership at least one (1) day before the next Membership Fee is due, your Membership and access to the Services will terminate on the day your next Membership Fee is due. Otherwise, you will be billed an additional Membership Fee, and your Membership and access to the Services shall expire one month after your last paid Membership Fee for monthly Membership Cycles, or one year after your last paid Membership Fee for annual Membership Cycles. If you need to update your billing details associated with your account at any time, you may do so from your account page.
You may also cancel your membership via mail. Your request must include the full name, email address connected with your RxSmartSaver+ account. Please mail this request to: GoodRx, Inc., Attn: Patient Advocacy-RxSmartSaver+ Cancellation, 2701 Olympic Blvd., West Building Suite 200, Santa Monica, CA 90404
Intellectual Property Rights
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 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.
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.
Termination or Modification by GoodRx
GoodRx reserves the right to modify or terminate the Services, your status as a 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 Membership for any or no reason, without notice, at any time and without liability to you. If your 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 Membership is a prorated discount of the monthly fee paid for the Services calculated as of the date your Membership was canceled. GoodRx 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.
Security
You are solely responsible for maintaining the confidentiality of your Account and for any and all statements made and acts or omissions that occur through the use of your account. Therefore, you must take steps to ensure that others do not gain access to your Account. 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.
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 EXPRESSED 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 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.
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 us. We do not endorse, nor are we 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 of Use.
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.
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
GOODRX SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE PHARMACIES OR OTHER THIRD PARTIES LISTED ON OUR SITE. 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.
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, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF MEMBERSHIP FEES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES OR PRODUCTS, OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES OR PRODUCTS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 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 THIS SITE 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.
Indemnification
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 Site, the Services, or any products or prescriptions obtained through the Site or 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.
Governing Law
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, unless otherwise prohibited by law, 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, in connection with your RxSmartSaver+ Membership. Unless prohibited by law, 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. Notwithstanding the foregoing, if you reside in a state that expressly prohibits any choice of law provision imposing any law other than the law of the State in which you reside in connection with your RxSmartSaver+ Membership, then these Terms shall be governed and controlled by the laws of your state of residence.
Notices
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 info@goodrx.com, if by email, or to GoodRx, Inc., 2701 Olympic Blvd, West Building Suite 200, 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.
Entire Agreement
These terms and conditions and the GoodRx Terms of Use and Privacy Policy referenced herein and linked hereto constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
Testimonials
From time to time, GoodRx may allow you to submit user feedback and testimonials ("Testimonials") about your experience with GoodRx. Testimonials include 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.
Messaging Services
As part of RxSmartSaver+, GoodRx may send pricing information and coupons via communications, including, but not limited to, email and text messaging. By becoming a Member of RxSmartSaver+, you are consenting to be contacted with prescription-related information. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party.
Miscellaneous
Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this 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 support@rxsmartsaver.com with any questions regarding these Terms.