Mobile Application Terms and Conditions

This application (the “GNP APP”) is a service provided by Good Neighbor Pharmacy® (“GNP”) to its GNP customers. These Terms of Use (“Terms”) govern the use of this GNP APP, which is maintained by AmerisourceBergen Drug Corporation (referred to herein as “AmerisourceBergen” or “we” or “us” or “our”). Please note that by using this GNP APP, you accept and agree to abide by these Terms.

Please read these Terms carefully before using this GNP APP. If you do not wish to be bound by these Terms, do not use this GNP APP. We may modify these Terms at any time and such modifications will be effective immediately upon posting. You agree to review these Terms periodically to be aware of such modifications and your continued access or use of this GNP APP after any modification will be deemed your acceptance of these modified Terms.

Services at Your Local GNP Locations

This GNP APP may be used by you to obtain services specifically made available through the GNP APP, including ordering prescriptions from your local, individually-owned and operated GNP locations (“local GNP locations”). Local GNP locations are solely responsible for services provided to you at each location, including fulfilling all prescriptions ordered using the GNP APP. Local GNP locations may have different or additional terms of service, including privacy policies, which govern the services provided by the local GNP locations. These Terms do not change or supersede terms of service provided by local GNP locations. In addition, local GNP locations are responsible for store hours, service availability, pricing, product substitutions and all other terms related to any services they provide to you, including ordering and refilling your prescriptions.

Information Collected and Used by the GNP APP

When you use the GNP APP to order and refill prescriptions, you may be asked to voluntarily provide us with certain personal information, including health related information (collectively, “Customer Prescription Information”). YOU ARE RESPONSIBLE FOR ALL INFORMATION YOU INPUT INTO OR OTHERWISE PROVIDE THE GNP APP, INCLUDING ALL CUSTOMER PRESCRIPTION INFORMATION.

Customer Prescription Information is necessary to process your prescription and transmit it to a local GNP location. We may release this Customer Prescription Information to local GNP locations and companies and individuals employed to perform services in connection with prescription orders (“suppliers”). Supplier services may include transmittal of your Customer Prescription Information to local GNP locations and fulfillment of prescriptions.

We cache Customer Prescription Information temporarily as necessary for transmittal to local GNP locations, but we do not store this information. In addition, we do not track users of the GNP APP. Your Customer Prescription Information is deleted after you submit your prescription, if you navigate away from the GNP APP, or if your mobile device times out or is shut down. The GNP APP does not contain a tool that automatically times you out of the GNP APP. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to the GNP APP while you are using it. You grant AmerisourceBergen, its suppliers and all other persons or entities involved in the operation of the GNP APP the right to transmit, monitor, retrieve, store (to the extent required), and use your information in connection with the operation of the GNP APP. AmerisourceBergen cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the GNP APP.

DISCLAIMER

THE GNP APP IS NOT INTENDED IN ANY WAY FOR DIAGNOSIS OF YOUR MEDICAL CONDITION OR FOR USE IN CONNECTION WITH ANY URGENT OR EMERGENCY CIRCUMSTANCES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

USE OF THE GNP APP MAY INVOLVE TRANSMITION OF INFORMATION OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF AMERISOURCEBERGEN AND ITS SUPPLIERS. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE GNP APP.

THE GNP APP, INCLUDING ANY PRESCRIPTION ORDERING SERVICES PROVIDED BY THE GNP APP, ARE PROVIDED ON AN “AS IS” BASIS. AMERISOURCEBERGEN AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AMERISOURCEBERGEN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT COMMUNICATIONS PROVIDED ON OR THROUGH THE GNP APP AND THE AVAILABILITY OF THE GNP APP.

IF YOU ARE DISSATISFIED WITH THE GNP APP (INCLUDING THE TERMS), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GNP APP. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT BE APPLICABLE TO YOU.

In no event shall AmerisourceBergen, its suppliers, or any third parties mentioned on the GNP APP be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the GNP APP, whether based on warranty, contract, tort, or any other legal theory, and whether or not AmerisourceBergen, its suppliers, or any third parties mentioned on the GNP APP are advised of the possibility of such damages. AmerisourceBergen, its suppliers, or any third parties mentioned on the GNP APP are not liable for any personal injury, including death, caused by your use or misuse of the GNP APP and any services made available through the GNP APP.

Inclusion of Other Notices and Terms

Terms and conditions regarding intellectual property, indemnity, applicable law, links and site content and other terms not specifically addressed in these Terms are set forth at the GNP website, http://www.mygnp.com/terms_and_conditions. Those terms and conditions are in addition to these Terms and apply to your use of this GNP APP and the services on it. By using this GNP APP, you agree to abide by those terms and policies. We may change those terms and policies from time to time. By continuing to use the GNP APP after we post any changes, you accept and agree to those terms and policies, as modified.

Termination

AmerisourceBergen may, in its sole discretion, terminate your use of the GNP APP, without notice, for any reason, including, but not limited to, conduct that violates these Terms or other terms and conditions set forth by GNP elsewhere on the GNP APP or the GNP website. Neither AmerisourceBergen nor GNP will be liable to you or any third party for any termination of your access to the GNP APP.