Good Pill is now available in Illinois! Get started now and register.

Good Pill Pharmacy Terms of Use

Last Updated: April 30, 2024

Welcome, and thank you for your interest in Good Pill Pharmacy, LLC (Good Pill), “we” or “us”, our website at https://goodpill.org, and other services provided by us, including the mail delivery of prescription(s) or over the counter medication(s) (collectively, the Service).  These Terms of Service are a legally binding contract between you and Good Pill regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY REGISTERING FOR, ACCESSING, OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING GOOD PILL’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND GOOD PILL’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY GOOD PILL AND BY YOU TO BE BOUND BY THESE TERMS.

YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF GOOD PILL AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS/CALLS WILL INCLUDE INFORMATION RELATED TO YOUR USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 16 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND GOOD PILL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

NOT FOR URGENT MEDICAL CARE. THE SERVICE IS NOT INTENDED TO BE USED FOR URGENT MEDICAL CARE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER REGARDING AN IMMEDIATE MEDICAL CONDITION OR NEED FOR IN PERSON TREATMENT. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

1. Good Pill Service Overview. Good Pill is a Georgia-based non-profit organization, licensed as a mail order pharmacy, that is dedicated to improving medication access through a mail service facility to those in need. As a fully licensed pharmacy Good Pill may offer related patient consultations. Our Services are reserved for people whose income is at or below the income eligibility requirements of state Medicaid programs, or who are uninsured, underinsured, or enrolled in a public assistance health benefits program such as Medicaid or Medicare. Good Pill may coordinate with affiliated companies to perform the Services and to enable Good Pill to provide donated or recycled medicines to patients at a reduced cost.

1.1 Mail Delivery. As part of the Services, you consent to being mailed medications. You understand and that Good Pill primarily relies on donated medications and works with affiliated reverse distributors, which are companies that receive pharmaceuticals from a wholesale, retail seller, or healthcare facility to recycle such pharmaceuticals so that entities like Good Pill can redistribute the medicine.

1.2 Patient Counseling. Consultation is available if you have any questions regarding your prescription(s) or medication(s). For consultations, please email us at hello@goodpill.org or call at (888) 987-5187, and a pharmacist on staff will be available to answer questions or concerns. You understand and agree that you have the right to consult our pharmacist about your prescription(s) or medication(s). You understand and agree that by not requesting consultation with a member of the Good Pill team, you are thereby refusing counseling.

1.3 Transfers. You understand and agree that Good Pill may transfer your prescription(s) to and from other pharmacy(s) and may reach out to your prescriber(s) for new prescription(s). For example, such transfers may occur if prescription(s) are for out-of-stock medications. You understand that once Good Pill transfers prescription(s) to a different pharmacy, Good Pill will have no responsibility for any issues with filling your prescription with a third-party pharmacy.

1.4 Health Information. You understand that Good Pill is not a covered entity under HIPAA. Your submission of health information is governed by our Privacy Policy. While we are not a covered entity, we rely on systems that are HIPAA compliant and otherwise take industry standard precautions to protect your health information.

1.5 Drug Interactions and Drug Allergies. You understand and agree that you will notify Good Pill of any known allergies, drug reactions, and chronic conditions or disease states not otherwise noted. You will alert Good Pill to any other medications that you are taking. If you have questions you may seek patient counseling, as described above. You understand and agree that Good Pill cannot be held liable for any missing information.

2. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

3. Accounts and Registration. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at hello@goodpill.org.

3.1 Address & Patient Agent. Good Pill will send orders to the address you specify.  If you are not present at the address upon delivery, you agree for the medications to be left at the courier's discretion.  By designating an address at which you don't live (e.g. a clinic or relative's address), you give any person(s) at this address permission to act as your patient agent and this entry serves as a record of you giving this permission. 

4. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review the fees that you will be charged under the schedule in our website. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law.

4.1 Price. Good Pill reserves the right to determine pricing for the Service. Good Pill will make reasonable efforts to keep pricing information published on the Service up to date. Good Pill may change the fees for any feature of the Service, including additional fees or charges, if Good Pill gives you advance notice of changes before they apply.

4.2 Financial Support. Good Pill does not want costs to prohibit you from access to our services. If you are unable to afford the price of the Services, Good Pill may offer financial assistance on a case-by-case basis. Please reach out to hello@goodpill.org or call us if you require such financial assistance. Good Pill, at its sole discretion, may also make promotional offers with different features and different pricing to any of Good Pill’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

4.3 Authorization. You authorize Good Pill to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Good Pill, including all applicable taxes, to the payment method specified in your account.

4.4 Recurring Service. The Service may include certain prescription-renewal plans with automatically recurring payments (“Recurring Service”). You authorize Good Pill or its affiliate to enroll you into its refill programs. Prior to each renewal period for Recurring Services, Good Pill will attempt to contact you via text or email notifications with the option to cancel. You also authorize Good Pill to use third-party payment processors to charge the payment method you provided under your account for Recurring Service(s) and until cancellation or expiration of your prescription. You may cancel the Recurring Service by responding to a Recurring Service notification or contacting us at hello@goodpill.org. YOUR CANCELLATION OF A RECURRING SERVICE MUST BE PROMPT, AND NO LATER THAN THE RENEWAL DATE IN ORDER TO ENSURE THAT YOU WILL AVOID CHARGES FOR THE NEXT RECURRING SERVICE PERIOD.

4.5 Delinquent Accounts. Good Pill may suspend or terminate your access to the Service, including fee-based portions of the Service for any account for which any amount is due but unpaid and you have not contacted Good Pill pursuant to Section 4.1 above.

5. Licenses

5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Good Pill grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

5.3 Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Good Pill an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

6. Ownership; Proprietary Rights. The Service is owned and operated by Good Pill. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Good Pill (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Good Pill or its third-party licensors. Except as expressly authorized by Good Pill, you may not make use of the Materials. There are no implied licenses in these Terms and Good Pill reserves all rights to the Materials not granted expressly in these Terms.

7. Third-Party Terms

7.1 Third-Party Services and Linked Websites. Good Pill may use third-party services or third-party website links. By using one of these tools, you hereby authorize Good Pill to transfer that information to the applicable third-party service. Third-party websites and services are not under Good Pill’s control, and, to the fullest extent permitted by law, Good Pill is not responsible for the content on any such third-party websites or for any third-party services. Please be sure to review the terms of use and privacy policy of any third-party services before you share any information with such third-party services. Once sharing occurs, Good Pill will have no control over the information that has been shared.

7.2 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

8. Content

8.1 Monitoring Content. Good Pill does not control and does not have any obligation to monitor the use of the Service by its users. You acknowledge and agree that Good Pill reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Good Pill chooses to monitor the content, then Good Pill still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content to the extent permitted under applicable law. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). Good Pill may block, filter, mute, remove or disable access to any content uploaded to or transmitted through the Service without any liability to the user who posted such content to the Service or to any other users of the Service.

9. Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

9.1 Text Messaging & Phone Calls. You agree that Good Pill and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service, as well as marketing calls or messages. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF (A) MARKETING CALLS AND TEXT MESSAGES FROM GOOD PILL OR (B) ALL CALLS AND TEXT MESSAGES FROM GOOD PILL, YOU CAN EMAIL hello@goodpill.org. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Service.

9.2 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails from Good Pill by emailing hello@goodpill.org.

10. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

10.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;

10.2 share prescription medications with anyone other than the individual they were prescribed for;

10.3 re-sell any prescription medications provided to you;

10.4 access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Good Pill;

10.5 interfere with security-related features of the Service or the operation of the Service, including by: (i) disabling or circumventing features that prevent or limit use; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or (iii) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; or (iv) disrupting any network, equipment, or server connected to or used to provide the Service;

10.6 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;

10.7 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or

10.8 attempt to do any of the acts described in this Section 10 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 10 (Prohibited Conduct).

11. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service.

12. Term, Termination, and Modification of the Service

12.1 Term. These Terms are effective beginning when you accept the Terms or first use the Service, and ending when terminated as described in Section 12.2 (Termination).

12.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms may automatically terminate. In addition, Good Pill may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice to the extent permitted under applicable laws, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by emailing us at hello@goodpill.org.

12.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Good Pill any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 12.3, 13, 14, 15 , 16, and 17 are by their nature intended to survive and will survive. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

12.4 Modification of the Service. Good Pill reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you to the extent permitted under applicable laws. Good Pill will have no liability for any change to the Service, or any suspension or termination of your access to or use of the Service.

13. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Good Pill, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Good Pill Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

14. Warranties; Disclaimers

14.1 Good Pill represents and warrants that they are a licensed pharmacy in good standing in the states where they are authorized to do business.

14.2 EXCEPT AS PROVIDED FOR IN THIS SECTION 14 (WARRANTIES; DISCLAIMERS), THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. GOOD PILL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. GOOD PILL DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND GOOD PILL DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. THE SERVICE IS NOT INTENDED TO BE USED FOR MEDICAL EMERGENCIES.

14.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR GOOD PILL ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE GOOD PILL ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA.

14.4 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 14 (WARRANTIES; DISCLAIMERS) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Good Pill does not disclaim any warranty or other right that Good Pill is prohibited from disclaiming under applicable law.

15. Limitation of Liability

15.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE GOOD PILL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY GOOD PILL ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, GOOD PILL WILL NOT BE LIABLE FOR DISPENSING PRODUCT OR EQUIPMENT IN STATES WITHOUT DRUG DONATION LAWS.

15.2 EXCEPT AS PROVIDED IN SECTIONS 16.6 (COMMENCING ARBITRATION) AND 16.8 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE GOOD PILL ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO GOOD PILL FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) $100.

15.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16. Dispute Resolution and Arbitration

16.1 Customer Satisfaction. If you are in any way unhappy with your order from Good Pill or have any safety concerns, Good Pill will promptly attempt to address issues. You may reach Good Pill via call or text at 888-987-5187 to report any issues or via email at hello@goodpill.org. If you remain unsatisfied with the Services, you may fill out the form below to formally report an irregularity with your prescription pursuant to Ga. Comp. R. & Regs. r. 480-48-.02: https://docs.google.com/forms/d/e/1FAIpQLSeOcvolOJDxz6LrfYAnN6FbIAgP8lnst-GW2vTRGEnVeNJqEg/viewform.

16.2 Generally. Except as described in Section 16.3 (Exceptions) and 16.4 (Opt-Out), you and Good Pill agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GOOD PILL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

16.3 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

16.4 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 16 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Good Pill Pharmacy, Attention: Legal Department – Arbitration Opt-Out, 440 N Barranca Ave #5330N, Covina CA 91723 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Good Pill receives your Opt-Out Notice, this Section 16 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 17.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

16.5 Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Good Pill.

16.6 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Good Pill’s address for Notice is: Good Pill Pharmacy, 440 N Barranca Ave #5330N, Covina CA 91723. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Good Pill may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Good Pill will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.

16.7 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for $10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or Good Pill must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

16.8 Arbitration Relief. Except as provided in Section 16.9 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Good Pill before an arbitrator was selected, Good Pill will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) $10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

16.9 No Class Actions. YOU AND GOOD PILL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Good Pill agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

16.10 Modifications to this Arbitration Provision. If Good Pill makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Good Pill’s address for Notice of Arbitration, in which case your account with Good Pill will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

16.11 Enforceability. If Section 16.9 (No Class Actions) or the entirety of this Section 16 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Good Pill receives an Opt-Out Notice from you, then the entirety of this Section 16 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17.2 (Governing Law) will govern any action arising out of or related to these Terms.

17. Miscellaneous

17.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Good Pill regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

17.2 Governing Law. These Terms are governed by the laws of the State of Georgia without regard to conflict of law principles. Unless otherwise prohibited by law, in the event of a direct conflict between Georgia pharmacy law and the pharmacy laws (including any nonresident pharmacy laws) of the state in which your prescription is filled, you agree that Georgia pharmacy law shall govern. You and Good Pill submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Gwinnett County, Georgia for resolution of any lawsuit or court proceeding permitted under these Terms.

17.3 Privacy Policy. Please read the Good Pill Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Good Pill Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

17.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

17.5 Contact Information. The Service is offered by Good Pill Pharmacy, LLC, with the mailing address of 440 N Barranca Ave #5330N, Covina CA 91723. You may contact us by sending correspondence to that address or by emailing us at hello@goodpill.org.

17.6 No Support. We are under no obligation to provide support for the Service, except as required under applicable law or as expressly provided for herein. In instances where we may offer additional support, the support will be subject to published policies.

17.7 International Use. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

crossmenuchevron-down
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram