TERMS & CONDITIONS

ast 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 and South Carolina. Residents of these states 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.