YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY. AMONG OTHER THINGS, THEY:

  • Describe what Bluechew does and does not do;
  • Provides a link to the telemedicine consent, which describes the potential risks and benefits of telemedicine, and your consent to receive telemedicine services.
  • Describe whether you are eligible to use the websites; and
  • Contain a release of potential claims you may have against Bluechew for personal, or bodily injury, disability, death or emotional or physical distress, arising out of any diagnosis or treatment of you by healthcare providers with whom you communicate through our platform.

INTRODUCTION – What WE DO

Welcome to BLUECHEW. BLUECHEW is a technology platform which enables registered users to connect with physicians and other health care providers for the diagnosis and treatment of erectile dysfunction.

BLUECHEW and its affiliates own and operate websites including bluechew.com, other related websites that may link or redirect to bluechew.com (collectively, the “Websites”). The Websites facilitate the provision of services to registered users, which may include: 1) providing general information relating to erectile dysfunction and available treatments, including compounded sildenafil and tadalafil oral chewable tablets; 2) administrative support for the collection and maintenance of health care records and information, to be used in connection with communications with health care providers and pharmacy services; and (3) telecommunications and technological support for connecting registered users to health care providers for communication, consultations, assessments, and treatment by such providers (collectively, the “Services”).

BLUECHEW IS NOT A PHARMACY

BLUECHEW is not a medical practice or other healthcare provider, and we do not employ physicians or other health care providers. While our Services enable registered users to communicate with health care providers, the content on our Websites and the Services we provide cannot and are not intended to provide medical advice. All medical care is provided by The Custom Care Medical Group, LLC, Alex J. MD, LLC d/b/a The Custom Medical Group, or other professional medical practices with which we have relationships, although they are separate from BLUECHEW. These medical providers may deny treatment, and not provide you with a prescription, if they believe that you may be better served by a local provider, or for any other reason. To the extent medical advice or a prescription is provided to you by a health care provider through the Services, such medical advice or prescription is based on the information you provide to the health care provider and their professional judgment. BLUECHEW does not provide medical advice, and we do not have control or influence any medical advice, treatment or prescription provided by your healthcare provider.

BLUECHEW IS NOT A PHARMACY

All customized prescription medication are prescribed by licensed medical providers and shipped directly to you. We work with the following compounding pharmacies.

Curexa Specialty and Compounding Pharmacy
3007 Ocean Heights Avenue
Egg Harbor Township, NJ 08234
Toll Free: 855.927.0390
Toll Free Fax: 855.927.0392

Empower Pharmacy
5980 W Sam Houston Pkwy N, Ste 300
Toll Free (877) 562-8577
Phone Number: (832) 678-4417
Fax:(832) 678-4419

None of these services replaces your relationship with your primary care physician. The physicians and other healthcare providers that you may communicate with via our Websites do not diagnose, treat or screen cancer or other diseases related to the prostate, urogenital area or any other part of the body, other than erectile dysfunction. Any medication that such providers may prescribe for you is not intended for the diagnosis and/or treatment of the underlying causes of erectile dysfunction, only provide treatment of the symptoms of erectile dysfunction.

You should never delay seeking advice from your urologist, primary care physician, or any other healthcare provider due to any diagnosis, advice, or other information provided (or the omission of any such information) on the Websites, or a healthcare provider with whom you communicate via our platform. In the event you believe you may have a medical emergency, you should immediately contact your local physician or 911 for assistance.

By accessing the Websites, you expressly agree to these Terms and Conditions, and our Privacy Policy, which is found here and incorporated in these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use or access our Websites or our Services.

RESIDENTS OF CERTAIN STATES ARE NOT ELIGIBLE

Each state has different laws relating to telemedicine and the dispensing of prescription medications. BLUECHEW is working diligently with the medical practices and pharmacies that we work with for their services to be available in all 50 states. Right now the coverage area does NOT include individuals who are residents of Arkansas, Hawaii, Idaho, Nebraska, North Dakota, Oklahoma, Oregon, Rhode Island, and South Carolina. Residents of these states are not eligible. If you were sent to this section from the Checkout page, our system has indicated that you might be accessing the site from one of these states.

PERSONS UNDER 18 YEARS OLD ARE NOT ELIGIBLE

Persons under eighteen (18) years of age are not eligible to become registered users of the Websites. If you are under 18, you will not be able to use the Websites to be connected to a health care provider, and you will not receive treatment or a prescription. If you are a parent or guardian of an individual under the age of eighteen (18) and believe your child has registered or is using our Websites without your consent or authorization, please contact us at SUPPORT@BLUECHEW.COM.

TELEMEDICINE – POSSIBLE BENEFITS AND RISKS AND YOUR CONSENT

Telemedicine involves using technology to enable healthcare providers to evaluate and treat patients from different locations. Telemedicine communications may include transmission of your medical records, photos and other personal health information, and may include interactions via dynamic intake forms, live 2-way video and audio, and other methods. BLUECHEW’s technology platform incorporates network and software security protocols to protect the privacy and security of your health information.

Please see our Telemedicine Consent, accessible here, which includes a description of the possible benefits and risks of telemedicine, and your consent to receive telemedicine services from healthcare providers with whom you communicate via our platform.

ALL INFORMATION YOU PROVIDE REGARDING YOURSELF AND YOUR MEDICAL HISTORY MUST BE ACCURATE, CURRENT AND COMPLETE

You represent and warrant that all information you provide when registering for an account and at all times in connection with your use of the Websites and platform, and in communications with healthcare providers, is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete as long as you are using the Website or receiving Services. You must not impersonate someone else, or use a fake name, address or other information. You agree to notify BLUECHEW immediately if you become aware of any inaccuracies, errors, omissions or inconsistencies in your information.

You represent and warrant that all information you provide when registering for an account and at all times in connection with your use of the Websites and platform, and in communications with healthcare providers, is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete as long as you are using the Website or receiving Services. You must not impersonate someone else, or use a fake name, address or other information. You agree to notify BLUECHEW immediately if you become aware of any inaccuracies, errors, omissions or inconsistencies in your information.

You are responsible for any activity by other people that access the Websites under your account that, if undertaken by you, would be a violation of these Terms of Service. Any such act or omission shall be deemed a violation of these Terms of Service by you.

PRIVACY

The confidentiality and privacy of your personal health information is very important to us, and to your healthcare providers. Please see our Privacy Policy, which explains how we may collect, use, share and disclose your information, which is available here and is incorporated into these Terms and Conditions. If you use the Services or any Website, or if you register for an account, you are accepting our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you may not use the Services or the Websites.

YOUR ACCESS RIGHTS AND CONDUCT

Subject to the terms and conditions of these Terms of Service, we grant to you a limited, non-exclusive, non-transferable, freely revocable right to access the Websites and use the Services as permitted by the features of the Website solely for your personal, non-commercial use, and only as permitted under these Terms and Conditions. BLUECHEW reserves all rights in the Website, the Intellectual Property (as defined below) and the Marks (as defined below) not expressly granted to you herein. We reserve the right, in our sole discretion, to deny use of the Website to anyone, for any reason, and at any time, subject to applicable law.

You agree that you are not permitted to, and you will not attempt to: (a) infringe the patent, trademark, trade secret, copyright, or other intellectual property or other rights of another person, (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, (c) reverse engineer, disassemble, decompile, or translate any components of the Website, attempt to derive the source code of any components of the Website, or authorize or assist any third party to do any of the foregoing, (d) modify, copy or make derivative works based on any part of the Website or any underlying software, technology or other information, including any printed materials of the same, (e) use any robot, spider, or other such programmatic or automatic device, including, without limitation, automated dial-in or inquiry devices, to obtain information from the Website or otherwise monitor or copy any portion of the Website, (f) systematically collect or use any content from the Website, including through the use of any data mining, or similar data gathering and extraction methods; (g) disrupt or interfere in any manner with the operation of the Websites, or the hardware or network used to operate the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites, (h) allow, enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication, (i) upload or otherwise spread any software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server, or communications systems or equipment, (j) attempt to disable, bypass, modify, defeat, or otherwise circumvent any security related tools incorporated into the Website, (k) use any high volume, automated, or electronic means to access the Website (including, without limitation, robots, spiders or scripts), (l) create Internet “links” to or from the Website, or “frame” or “mirror” any BLUECHEW content which forms part of the Website, place pop-up windows over its pages, or otherwise affect the display of its pages; (m) disrupt, interfere with, or inhibit any other person from using the Website or other affiliated or linked websites, material, contents, products and/or services, (n) prepare, compile, use, download or otherwise copy any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party, (o) use the Website to violate any local, state, national or international law, rule or regulation, or in a manner that is harmful, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful, or abusive, on in any manner that exceeds the scope your limited access rights granted herein.

FEES AND PAYMENT

You are responsible to pay for services and products that you order. BLUECHEW bills based on your elected subscription plan and coordinates automatic shipment of your refills and treatments. The payments that you make to BLUECHEW may include fees for services charged by your healthcare providers and for pharmacy services, and BLUECHEW collects payment on their behalf. Unless otherwise stated, all fees are quoted in U.S. Dollars. Payments may be facilitated through a third-party payment processing service. You authorize BLUECHEW to charge you, through our third-party payment processing service, for all fees as they become due, and represent and warrant that you are authorized to use any and all payment information you provide. If your payment method fails or fees associated with your account are past due, we may collect fees owed using other collection mechanisms, including charging other payment methods on file and/or retaining collection agencies and legal counsel. Subject to compliance with any notice or waiting period provided by applicable law, we may also block your account pending resolution of any amounts due.

You can cancel your subscription anytime by emailing support@bluechew.com or by logging into your account and putting your account on hold.

THIRD PARTY CONTENT AND LINK

The Websites may contain links or references to websites operated by third parties. The provision of a link or reference to any other website is for your convenience only and does not constitute or imply that BLUECHEW endorses or recommends such third parties or their websites. We have no control over, do not review, and cannot be responsible for, third party websites or their content. When leaving the Websites for a third party website, you should carefully review its applicable terms of service, including privacy policy. Your access to any other website, and use of any content, products or services thereon is at your own risk, and we are not responsible or liable, directly or indirectly, for any information, content, products or services relating to any third party websites, or for any damages or loss in connection with your use or reliance on such information, content, products or services, or the acts or omissions of such websites or their operators.

OWNERSHIP OF CONTENT AND OTHER INTELLECTUAL PROPERTY

The software, code, proprietary methods, systems, functionality and content used in the Websites, without limitation all text, images, video, audio and design, and all names, logos, and other materials displayed on the Website (collectively, the “Intellectual Property”) are the exclusive property of BLUECHEW, or third parties with whom we do business. The Intellectual Property may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way. You do not have any right to the Intellectual Property, or to use the Intellectual Property in any way, except the limited right to access the Websites in accordance with these Terms of Service.

TERMINATION

You may delete your Account at any time, for any reason, by sending an email to SUPPORT@BLUECHEW.COM. BLUECHEW may terminate your account and your right to access the Websites, at any time, for any reason or no reason. We reserve the right to discontinue the Website with or without notice to you. We will not be liable to you or any third party should we exercise our right to change or discontinue the Website.

DISCLAIMER OF WARRANTIES

USE OF THE WEBSITES AND THE BLUECHEW PLATFORM IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLUECHEW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR SYSTEM INTEGRATION. BLUECHEW MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BLUECHEW MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUECHEW OR THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

BLUECHEW DOES NOT WARRANT THAT ANY INFORMATION, PICTURES OR GRAPHIC DEPICTIONS, DESCRIPTIONS OR OTHER CONTENT OF THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, UPDATED, CURRENT, OR ERROR-FREE. BLUECHEW IS NOT RESPONSIBLE FOR THE INTERNET, DATA BANDWIDTH OR SIGNAL OF YOUR COMPUTER OR MOBILE DEVICE. BLUECHEW MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES OR ALL TERRITORIES WITHIN THE UNITED STATES. BLUECHEW MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT AND IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL BLUECHEW BE HELD LIABLE TO YOU FOR ANY LIABILITY OR DAMAGES RESULTING FROM OR ARISING OUT OF YOUR USE OF THE WEBSITE OR YOUR ACCOUNT.

BLUECHEW does not warrant that the product packaging depicted on the Website will match the actual product that you receive.

RELEASE OF LIABILITY

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BLUECHEW OR ITS REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES ARISING FROM OR RELATING TO YOUR ACCESS OR USE OF THE WEBSITES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IT TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR ANY CLAIMS FOR PERSONAL OR BODILY INJURY, DISABILITY, DEATH OR EMOTIONAL OR PHYSICAL DISTRESS, ARISING OUT OF ANY DIAGNOSIS OR TREATMENT OF YOU BY HEALTHCARE PROVIDERS WITH WHOM YOU COMMUNICATE THROUGH THE WEBSITES. THIS IS TRUE EVEN IF BLUECHEW IS AWARE OF THE POSSIBILITY OF SUCH CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITES AND OUR SERVICES.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless BLUECHEW and its representatives and agents, and any third party healthcare providers with whom you communicate through the Websites or otherwise as part of our Services, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising out of or related to your violation of any provision of these Terms and Conditions

DISPUTE RESOLUTION

These Terms and Conditions and your use of the Websites and Services are governed by the laws of the State of Illinois, excluding its rules regarding conflicts of law. You agree that any claim or dispute between you and BLUECHEW must be resolved exclusively through binding arbitration which will take place in Chicago, Illinois, under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in a court of competent jurisdiction located in Chicago, Illinois, and you agree to the exclusive jurisdiction of such courts. The provisions of these Terms and Conditions are severable, and the invalidity or unenforceability of any provision in these Terms and Conditions shall not affect the validity or enforceability of any other provision.

ASSIGNMENT

BLUECHEW may transfer, sell or assign to third parties its rights under these Terms and Conditions and any rights related to your relationship with BLUECHEW, including, without limitation, transferring your account and any personal information that you provide or that has been provided on your behalf to BLUECHEW; provided that these Terms and Conditions shall be binding upon and inure to the benefit of BLUECHEW’s successors or assigns. You may not assign your rights under these Terms and Conditions or your relationship with BLUECHEW, and any attempted assignment will be null and void.

MODIFICATIONS TO THESE TERMS AND CONDITIONS

BLUECHEW can change, add or remove provisions to these Terms and Conditions at any time, by posting the new Terms and Conditions on the Websites. We recommend that you read the Terms and Conditions each time you use the website. If you object to any changes, your sole recourse will be to cease using the web sites and our services. Your continued access to and use of the Websites or Services signifies your acknowledgement and acceptance of any such changes to these Terms and Conditions and agreement to be bound thereby.

REPORT VIOLATIONS

YOU SHOULD REPORT ANY SUSPECTED VIOLATIONS OF THESE TERMS OF SERVICE TO SUPPORT@BLUECHEW.COM.

QUESTIONS

IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THESE TERMS OF SERVICE, PLEASE CONTACT US AT SUPPORT@BLUECHEW.COM.