TERMS & CONDITIONS

Last updated: April 14, 2023

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

  1. Describe what BlueChew does and does not do;
  2. Provide a link to the telemedicine consent, which describes the potential risks and benefits of telemedicine, and contain a request from your healthcare provider for your consent to receive telemedicine services;
  3. Describe whether you are eligible to use the websites;
  4. 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; and
  5. Contain an Arbitration Agreement, Waiver of Trial by Jury, and Waiver of Class Action.
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER. BY AGREEING TO THESE TERMS, EXCEPT FOR CERTAIN DISPUTES IDENTIFIED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND BLUECHEW WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

INTRODUCTION - What We Do

Welcome to Dermacare, LLC d/b/a BlueChew (“BlueChew”, “we”, “us”, or “our”). 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 and 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: (a) providing general information relating to erectile dysfunction and available treatments, including compounded sildenafil, tadalafil and vardenafil oral chewable tablets; (b) 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 (c) 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 MEDICAL PRACTICE

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 into these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use or access our Websites or our Services.

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. Medical care is not provided by BlueChew. Medical care is provided by one of the following third-party provider-owned businesses: Delaware Telehealth Medical Group, P.A., Kansas Telehealth Medical Group, P.A., Florida Telehealth Medical Group, P.A., New Jersey Telehealth Medical Group, P.A., and California Telehealth Medical Group, P.C. (each, a “Provider”). These 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 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 Provider.

None of the 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.

BLUECHEW IS NOT A PHARMACY

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, but only to provide treatment of the symptoms of erectile dysfunction. Customized prescription medications are prescribed by licensed medical providers and are currently shipped directly by the following pharmacies: Meds Health LLC, National Treatment Delivery & Care LLC, Curexa Pharmacy LLC, or another pharmacy of your choice (each, a “Pharmacy”).

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 Provider 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 North Dakota. Residents of this state are not eligible to use the BlueChew Services.

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

BlueChew is a technology platform that assists in connecting you to Providers for treatment via telemedicine. 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. Treatment via telemedicine requires Providers to obtain your consent to such treatment.

As a result, any Provider connected via the BlueChew Services will require a consent to treatment via telemedicine. Please see the Provider Telemedicine Consent, accessible here, which includes a description of the possible benefits and risks of telemedicine, and your consent to receive telemedicine services from 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 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 and Conditions. Any such act or omission shall be deemed a violation of these Terms and Conditions by you.

PRIVACY

The confidentiality and privacy of your personal health information is very important to us, and to your healthcare providers. Use of the Website and Services is subject to the Privacy Policy. 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.

YOUR ACCESS RIGHTS AND CONDUCT

Subject to the terms and conditions of these Terms and Conditions, 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) 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 may not use the Website or Services on behalf of another individual or seek to obtain Services for someone other than yourself.

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. You will be charged monthly until you cancel your subscription. 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.

EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN OR REFUND POLICY PROVIDED TO YOU ON THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

Payments are facilitated through a third-party payment processing service. For more information on our third party payment processing vendor, please see our Privacy Policy here. 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 or change your subscription anytime by emailing support@bluechew.com or by logging into your account and putting your account on hold. Please make any changes to your account 3-5 days before your next renewal to ensure enough time for the changes to take effect.

THIRD PARTY CONTENT AND LINKS

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 and Conditions.

TERMINATION

You may terminate 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.

LIMITATION 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. IN NO EVENT WILL BLUECHEW’S OR ITS REPRESENTATIVES OR AGENTS LIABILITY TO YOU EXCEED THE GREATER OF EITHER $100.00 OR THE FEES PAID TO BLUECHEW FOR ORDERS IN THE PRIOR 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. 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.

ARBITRATION AGREEMENT; WAIVER OF TRIAL BY JURY AND WAIVER OF CLASS ACTION. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND BLUECHEW WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH BLUECHEW AND LIMIT THE MANNER IN WHICH YOU CAN SEE RELIEF.

Applicability of Arbitration Agreement. Any dispute, claim or controversy of any nature arising out of or relating in any way to the use of the Websites, the Services, these Terms and Conditions, or this Arbitration Agreement (as defined below), including without limitation the interpretation, validity, scope, or applicability of these Terms and Conditions or the Arbitration Agreement (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual, and not a class or representative, basis under the terms set forth below (the “Arbitration Agreement”). This Arbitration Agreement applies to you and BlueChew, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.

Disputes Excluded from Arbitration. Disputes where the amount in controversy is less than US$10,000 and filed by you or BlueChew individually in a small claims court are not subject to arbitration, so long as the disputes remain in such court and advance only an individual (non-class, non-representative) claim for relief. In the event of any actual, alleged or threatened violation of confidentiality or violation of BlueChew’s or its licensor’s intellectual property or other proprietary rights, BlueChew’s may immediately resort to court proceedings in a court of competent jurisdiction as set forth below in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.

Confidential Proceedings. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party, except as otherwise may be required by law.

Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) under the AAA's Commercial Arbitration Rules (the "AAA Rules") before a single arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action.

Place and Governing Law. The place of arbitration shall be in Cook County, Illinois, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., as may be amended from time to time, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. To the extent state law is applicable, the laws of the State of Illinois shall apply without regard to conflict of laws provisions.

Survival; Severability. This Arbitration Agreement provision will survive the termination of these Terms and Conditions. Except as set forth in the Section titled Class Action Waiver below, if any portion of this Arbitration Agreement is deemed invalid or unenforceable through a final judicial determination, the entire Arbitration Agreement shall be null and void. No portion of this Arbitration Agreement may be amended, severed, or waived absent a written agreement between you and BlueChew.

Time Limitation on Claims. The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.

Class Action Waiver. YOU AND BLUECHEW 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 BlueChew agree otherwise, the arbitrator may not consolidate one or more person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Communications by text message and email

By opting-in to receive text (SMS) messages from BlueChew or by sending BlueChew an initial text message (an “SMS Enrollment”), you consent to receiving text messages regarding your BlueChew account and use of the Sites and Services. These text messages may include order confirmations, shipping notifications, messages from your healthcare provider, and other transactional messages, as well as promotional and marketing notifications, to the extent you have opted-in to receive such messages from BlueChew.

With your SMS Enrollment, you represent and understand that: (a) you are the owner or authorized user of the mobile device you used in order to initiate the SMS Enrollment, (b) you are authorized to approve any applicable charges in connection with the text messages you send to and receive from BlueChew, (c) you will be responsible for all messaging and other data charges that may apply for any text messages sent to you from BlueChew, or from BlueChew to you, and (d) neither BlueChew, nor your or BlueChew's mobile carriers, will be liable for delayed or undelivered messages.

Note that access to the Services and the Sites is not conditioned upon your consent to receive marketing or promotional text messages from BlueChew, and you can opt-out of any of BlueChew's SMS services at any time by texting “STOP” to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send the text message “STOP” to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted-in to receive more than one type of text message from BlueChew, you will need to opt-out of each BlueChew SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages from BlueChew that you have opted-in to receive but have not unsubscribed from.

You also understand that while BlueChew takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from BlueChew are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending text messages to BlueChew, and receiving text messages from BlueChew, that are not encrypted. Likewise, by emailing BlueChew or giving BlueChew your email, you consent to receive unencrypted emails messages from BlueChew.

If you are experiencing any issues with BlueChew's text messaging or email services, or if you have any concerns about sending or receiving anything sensitive, please contact us by sending an email to support@bluechew.com. If you have questions specific to your text or data plan, please contact your wireless provider.

​ASSIGNMENT

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 will provide you notice of material changes via email, through your account, or otherwise. If you object to any changes, your sole recourse will be to cease using the Websites and our Services, except to terminate your account. 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.

ADDRESS

Dermacare LLC
345 N. Canal Street Suite 201
Chicago, IL 60606