Terms & Conditions
Effective as of June 01, 2019 | Copied from BLUECHEW.com
OUR PATIENTS’ SATISFACTION IS OUR HIGHEST PRIORITY. IF YOU ARE UNSATISFIED FOR ANY REASON, WE WILL REFUND 100% OF THE MONEY YOU
HAVE BEEN CHARGED. THIS IS VALID ANY TIME WITHIN THE FIRST 60 DAYS OF MEMBERSHIP UPON REQUEST.
To request a refund, just email SUPPORT@BLUECHEW.COM from your registered email address, and we will refund 100% of your money to the credit card
you used for your purchase.
We would love the chance to help with whatever you’re struggling with, so shoot us an email! Contact support for shipping, billing and similar questions
(SUPPORT@BLUECHEW.COM) with any medical care questions or concerns, and we’ll be more than happy to help!
Do know that our 60 day guarantee is not applied automatically, so should you feel unsatisfied with your results within the first 60 days, EMAIL US to let
us know that you would like a refund.
Effective as of April 01, 2018
BLUECHEW will send you email correspondence that may contain details of your treatment. These emails will never contain your photos or payment
BLUECHEW is exclusively for the diagnosis and treatment of erectile dysfunction, and not for any other medical conditions.
BLUECHEW’s medical providers do not diagnose, treat or screen cancer/diseases related to the prostate, urogenital area or any other part of the body,
other than erectile dysfunction.
BLUECHEW is not intended for the diagnosis and/or treatment of the underlying causes of erectile dysfunction, only provides temporary treatment of
erectile dysfunction via compounded sildenafil or tadalafil medication.
BLUECHEW does not replace your existing relationship with your primary care provider.
BLUECHEW is not for emergencies.
BLUECHEW is not an insurance product.
BLUECHEW operates subject to state regulation and may not be available in certain states.
BLUECHEW does not guarantee that a prescription will be written.
BLUECHEW’s medical providers do not prescribe DEA controlled substances.
BLUECHEW engages solely in the compounding of sildenafil and tadalafil Oral Chewable Tablets only.
BLUECHEW does not cover the cost of any prescription pills that may be prescribed in addition to your customized sildenafil or tadalafil Oral Chewable
BLUECHEW only prescribes compounded sildenafil or tadalafil Oral Chewable Tablets to patients who provide a valid indication of intolerance to the
commercially available dosage forms of either medication.
BLUECHEW’s medical providers reserve the right to deny treatment if they believe that a patient may be better served by a local provider, or for any other
reason according to their professional judgment.
BLUECHEW (BLUECHEW.COM) provides technological and other services to connect patients to licensed medical providers and partnering compounding
All medical care is provided by Custom Rx Medical Group professional limited liability corporation of licensed medical providers. All customized
prescription medications are produced and shipped directly to each patient by Custom Rx Medical Group via licensed physicians and our partner
compounding pharmacies in accordance to State and Federal Laws.
The patient retains the option to refuse the telehealth consultation at any time without affecting the patient’s right to future care or treatment and
without risking the loss or withdrawal of any program benefits to which the patient would otherwise be entitled.
The patient shall have access to all medical information resulting from the tele-health consultation as provided by law for patient access to his or her
All communication and information shared by a BLUECHEW patient remains private and is never shared with any third party or physician group.
TERMS OF SERVICE
EFFECTIVE AS OF APRIL 01, 2018
THESE TERMS OF SERVICE (THESE “TERMS OF SERVICE”) FORM A BINDING AGREEMENT BETWEEN YOU AND THE ONLINE RX COMPANY (DBA
BLUECHEW.COM). AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “BLUECHEW,” “WE”, “US”, OR “OUR”). BY (A) USING THE WEBSITE OPERATED
BY BLUECHEW LOCATED AT HTTP://WWW.BLUECHEW.COM OR OTHER RELATED WEBSITES AND/OR MOBILE APPLICATIONS OPERATED BY
BLUECHEW (COLLECTIVELY, THE “WEBSITE”), (B) PURCHASING AND/OR USING THE PRODUCTS AND/OR SERVICES PROVIDED BY US THEREUNDER
(TOGETHER, THE “PRODUCTS”), AND/OR (C) PROVIDING YOUR PERSONAL INFORMATION TO BLUECHEW, YOU SIGNIFY YOUR ACKNOWLEDGEMENT
AND AGREEMENT TO THESE TERMS OF SERVICE, WHETHER OR NOT YOU REGISTER FOR AN ACCOUNT WITH BLUECHEW THROUGH THE WEBSITE (AN
“ACCOUNT”). IF YOU DO NOT AGREE WITH ANY PROVISION IN THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE, PURCHASE OR USE THE
PRODUCTS, PROVIDE YOUR PERSONAL INFORMATION TO BLUECHEW, OR REGISTER FOR AN ACCOUNT. THESE TERMS OF SERVICE DO NOT APPLY TO
WEBSITES OR APPLICATIONS THAT DISPLAY OR LINK TO DIFFERENT TERMS OF SERVICE. PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY.
YOU MAY BE ASKED TO PROVIDE CERTAIN PERSONAL INFORMATION TO US FROM TIME TO TIME. YOUR PERSONAL INFORMATION WILL BE
COLLECTED, USED AND DISCLOSED BY US IN ACCORDANCE WITH BLUECHEW’S PRIVACY AND SECURITY POLICY, WHICH IS AVAILABLE HERE AND IS
INCORPORATED BY THIS REFERENCE INTO THESE TERMS OF SERVICE.
REPRESENTATIONS AND WARRANTIES OF USERS.
I UNDERSTAND THAT I HAVE THE FOLLOWING RIGHTS WITH RESPECT TO TELEMEDICINE:
(1) I HAVE THE RIGHT TO WITHHOLD OR WITHDRAW CONSENT AT ANY TIME WITHOUT AFFECTING MY RIGHT TO FUTURE CARE OR TREATMENT NOR
RISKING THE LOSS OR WITHDRAWAL OF ANY PROGRAM BENEFITS TO WHICH I WOULD OTHERWISE BE ENTITLED.
(2) THE LAWS THAT PROTECT THE CONFIDENTIALITY OF MY MEDICAL INFORMATION ALSO APPLY TO TELEMEDICINE. AS SUCH, I UNDERSTAND THAT
THE INFORMATION DISCLOSED BY ME DURING THE COURSE OF MY THERAPY IS GENERALLY CONFIDENTIAL. HOWEVER, THERE ARE BOTH
MANDATORY AND PERMISSIVE EXCEPTIONS TO CONFIDENTIALITY, INCLUDING, BUT NOT LIMITED TO REPORTING CHILD, ELDER, AND DEPENDENT
ADULT ABUSE; EXPRESSED THREATS OF VIOLENCE TOWARDS AN ASCERTAINABLE VICTIM; AND WHERE I MAKE MY MENTAL OR EMOTIONAL STATE
AN ISSUE IN A LEGAL PROCEEDING. I ALSO UNDERSTAND THAT THE DISSEMINATION OF ANY PERSONALLY IDENTIFIABLE IMAGES OR INFORMATION
FROM THE TELEMEDICINE INTERACTION TO RESEARCHERS OR OTHER ENTITIES SHALL NOT OCCUR WITHOUT MY WRITTEN CONSENT.
(3) I UNDERSTAND THAT THERE ARE RISKS AND CONSEQUENCES FROM TELEMEDICINE, INCLUDING, BUT NOT LIMITED TO, THE POSSIBILITY, DESPITE
REASONABLE EFFORTS ON THE PART OF MY HEALTHCARE PROVIDER, THAT: THE TRANSMISSION OF MY MEDICAL INFORMATION COULD BE
DISRUPTED OR DISTORTED BY TECHNICAL FAILURES; THE TRANSMISSION OF MY MEDICAL INFORMATION COULD BE INTERRUPTED BY
UNAUTHORIZED PERSONS; AND/OR THE ELECTRONIC STORAGE OF MY MEDICAL INFORMATION COULD BE ACCESSED BY UNAUTHORIZED PERSONS.
IN ADDITION, I UNDERSTAND THAT TELEMEDICINE BASED SERVICES AND CARE MAY NOT BE AS COMPLETE AS FACE-TO-FACE SERVICES. I ALSO
UNDERSTAND THAT IF MY HEALTHCARE PROVIDER BELIEVES I WOULD BE BETTER SERVED BY ANOTHER FORM OF MEDICAL SERVICES (E.G. FACE-TO-
FACE SERVICES) I WILL BE REFERRED TO A HEALTHCARE PROVIDER WHO CAN PROVIDE SUCH SERVICES IN MY AREA. FINALLY, I UNDERSTAND THAT
THERE ARE POTENTIAL RISKS AND BENEFITS ASSOCIATED WITH ANY FORM OF MEDICAL TREATMENT, AND THAT DESPITE MY EFFORTS AND THE
EFFORTS OF MY HEALTHCARE PROVIDER, MY CONDITION MAY NOT BE IMPROVE, AND IN SOME CASES MAY EVEN GET WORSE.
(4) I UNDERSTAND THAT I MAY BENEFIT FROM TELEMEDICINE, BUT THAT RESULTS CANNOT BE GUARANTEED OR ASSURED.
(5) I UNDERSTAND THAT I HAVE A RIGHT TO ACCESS MY MEDICAL INFORMATION AND COPIES OF MEDICAL RECORDS IN ACCORDANCE WITH
FEDERAL AND STATE LAWS.
You represent and warrant to BLUECHEW that:
All information you provide to BLUECHEW 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. If we have reasonable grounds to suspect that such information is not
true, accurate, current or complete, we may deny or terminate your access to the Website (or any portion thereof) in our sole discretion, subject to
compliance with any notice or waiting period provided by applicable law.
You understand that the teledermatology services and any customized prescription products made available through the Website are provided by U.S.
licensed medical providers, and that BLUECHEW, Inc. is not itself a healthcare provider.
You understand that the Website and Products facilitate dermatology consultations limited to the diagnosis and treatment of erectile dysfunction, and not
for any other medical conditions, including all cancers.
You understand that the Website is not a substitute for the in-person treatment or advice of your local urologist, primary care physician, or any other
qualified health care professional.
You understand that you should never delay seeking advice from your urologist, primary care physician, or any other health professionals due to any
diagnosis, advice, or other information provided (or the omission of any such information) by BLUECHEW, the Website or the Products, or a healthcare
provider through BLUECHEW, the Website or the Products.
Rights, Obligations and Conduct of Users.
Subject to the terms and conditions of these Terms of Service, we hereby grant to you a limited, non-exclusive, non-transferable, freely revocable license
to use the Website as permitted by the features of the Website solely for your personal, non-commercial use, and only as permitted under these Terms of
Service. 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.
In consideration of your access to and use of the Website, you covenant and agree that you shall:
Seek emergency help when needed, and continue to consult with your primary care physician.
Notify BLUECHEW immediately if you become aware of any inaccuracies, errors, omissions or inconsistencies in the information or content provided
through the Website, and to comply with any corrective action taken by BLUECHEW.
Refrain from the use of offensive or abusive language when using the Website.
Not contact or seek to contact any healthcare professional associated with BLUECHEW outside of the Website. This is done to protect both patients and
healthcare professionals and to ensure that diagnosis and treatment is delivered in a reliable, continuous and controlled environment. BLUECHEW is not
responsible for any interactions with healthcare professionals occurring outside of the Website.
Not share your BLUECHEW Account or any information related thereto, including your password, with any other persons. You are responsible for
maintaining the confidentiality of your Account and for all activities that occur under your Account, including any use by others who obtain access to your
Account. You agree to immediately notify us upon becoming aware of any unauthorized use of your Account or any other breach of security. You may not
use the Account of any other BLUECHEW user at any time.
Be responsible for any act or omission of any users that access the Website 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.
Not, and shall 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, or (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.
Not, and shall not attempt to: (a) disrupt or interfere in any manner with the operation of the Website, or the hardware or network used to operate the
Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, (b) 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, (c) 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, (d) attempt to disable, bypass, modify, defeat, or otherwise circumvent any
security related tools incorporated into the Website, (e) use any high volume, automated, or electronic means to access the Website (including, without
limitation, robots, spiders or scripts), or (f) 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.
Not and shall not attempt to (a) disrupt, interfere with, or inhibit any other person from using the Website or other affiliated or linked websites, material,
contents, products and/or services, (b) create a false identity for the purpose of misleading others, (c) 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, or (d) distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner any of your rights under these
Terms of Service or otherwise use the Website for the benefit of a third party or to operate a service bureau.
Not use the Website: (a) to violate any local, state, national or international law, rule or regulation, (b) 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, (c) to collect or store personal data about other users, (d) to impersonate any to person or entity, or
otherwise misrepresent your affiliation with a person or entity, or (e) in any manner that exceeds the scope and purpose of use granted above.
PERSONS UNDER THE AGE OF 18.
Persons under eighteen (18) years of age are not eligible to use the features, services and other aspects of the Website or the Products. If you are a parent
or guardian of an individual under the age of eighteen (18) and believe your child has disclosed PII to BLUECHEW without your consent or authorization,
please contact us at SUPPORT@BLUECHEW.COM.
Each state has different telemedicine laws and the BLUECHEW staff is working diligently to be in all 50 states. Right now our coverage area does NOT
include Alaska, Arkansas, Hawaii, Idaho, Louisiana, Nebraska, North Dakota, Oklahoma, Oregon, Rhode Island, and South Carolina.
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.
FEES AND PAYMENT.
If you elect to use features of the Website and/or purchase Products that involve the payment of any fees, you agree to pay, and will be responsible for
payment of, such fees and any and all taxes associated therewith in accordance with the billing terms in effect at the time a fee is due and payable.
Unless otherwise stated, all fees are quoted in U.S. Dollars. All payments shall be facilitated through Stripe, Inc. (“Stripe“), BLUECHEW’s third-party
payment processing service. You hereby authorize BLUECHEW to charge you, through Stripe, for all fees as they become due, and represent and warrant
that you are authorized to use any and all payment information you provide to Stripe. If your payment method fails or fees associated with your Account
are past due, we may collect fees owed using other collection mechanisms, include charging other payment methods on file with Stripe 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 by you to BLUECHEW.
BLUECHEW is a services company that bills based on your elected plan and auto-ships your refills & treatments. At anytime you can cancel your
membership and stop any payments by emailing firstname.lastname@example.org or by logging into your account and putting your account ON HOLD.
THIRD PARTY CONTENT AND MONITORING.
Third parties may offer and provide products and services on or through the Website. Except for BLUECHEW branded information, products or services
that are identified as being offered by BLUECHEW, BLUECHEW does not operate, control, or endorse any information, products, or services on the
Website or accessible through the Website in any way. The provision of a link to any other website or location is for your convenience only and does not
signify our endorsement of such other site or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside
websites or their content. BLUECHEW is not responsible for examining or evaluating, and BLUECHEW does not warrant the offerings of, any of these third
parties or the content of their websites. BLUECHEW does not assume any responsibility or liability for the actions, products, or contents of these and any
other third parties. Access to any other website linked to the Website is at your own risk. When leaving the Website for a third party website, you should
carefully review the applicable terms of service, including privacy policies, of such third party website. WE WILL NOT BE LIABLE FOR ANY INFORMATION,
SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH
INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
OWNERSHIP OF INTELLECTUAL PROPERTY.
The software, code, proprietary methods, systems and content used to operate the Website (collectively, the “Intellectual Property”) are (1) copyrighted by
BLUECHEW and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and
laws, and (3) the exclusive property of BLUECHEW or its applicable licensors. The Intellectual Property may not be copied, modified, reproduced,
republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written consent or the prior written consent of our
licensors, as applicable. You must abide by all copyright notices, information, or restrictions contained in or attached to any of the Intellectual Property and
you may not remove or alter any such notice, information or restriction. Your use of the Website and the Intellectual Property must at all times comply with
these Terms of Service. Nothing in these Terms of Service, your relationship with BLUECHEW, or your use of the Website shall grant you any right to the
Intellectual Property except the limited license to use the Website in accordance with these Terms of Service.
Certain of the names, logos, and other materials displayed on the Website may constitute trademarks, trade names, service marks, or logos (collectively,
the “Marks”) of BLUECHEW or other parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated
therewith remains with us or those other parties, as applicable.
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/or the limited license to use the Website granted to you under these Terms of Service, at any time, for any reason or no reason. Your medical records
will be retained by BLUECHEW for a period of five years, unless a longer period is required by state or federal law, after which they may be destroyed. If
you are less than 23 years old on the date the records may potentially be destroyed, your records will be kept until you reach the age of 23, or longer if
required by state or federal law. The provisions of Sections 4 through 14 of these Terms of Service will survive the expiration or earlier termination of the
agreement pursuant to these Terms of Service for any reason. Our (and our licensors’) proprietary rights (including any and all intellectual property rights)
in and to the Intellectual Property, the Marks and the Website will survive the expiration or earlier termination of the agreement pursuant to these Terms
of Service for any reason.
Without limiting any rights which BLUECHEW may otherwise have, BLUECHEW reserves the right to take any and all action, as it deems necessary or
reasonable, regarding the security of the Website and your Account, including, without limitation, terminating or changing your Account, or requesting
additional information to authorize transactions on your Account.
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.
Any termination or discontinuance of the Website pursuant to the provisions set forth in this Section 7 shall be subject to compliance with any notice or
waiting period provided by applicable law.
DISCLAIMER OF WARRANTIES.
USE OF THE WEBSITE AND PRODUCTS IS AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS 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
BANDWITH 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 product descriptions are accurate, complete, reliable, current, or error-free, or that 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 OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS,
REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES
WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF
WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE PRODUCTS, OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USE OF THE WEBSITE AND/OR PRODUCTS. THE AGGREGATE LIABILITY OF BLUECHEW TO YOU FOR ALL CLAIMS ARISING OUT
OF OR RELATED TO THE WEBSITE AND/OR PRODUCTS IS LIMITED TO THE LESSER OF (I) THE AGGREGATE AMOUNT OF FEES ACTUALLY PAID BY YOU
TO BLUECHEW OR (II) ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
INDEMNIFICATION AND RELEASE.
You agree to indemnify, defend and hold harmless BLUECHEW and its officers, directors, employees, consultants, representatives and agents, and other
users and visitors of the Website, 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 (a) any information you submit, post or transmit
through the Website, (b) your use of the Website and/or Products, (c) your violation of any provision of these Terms of Service, (d) your violation of any
rights of any other person or entity, or (e) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming
routines input by you into the Website.
You hereby release BLUECHEW, its officers, directors, employees, consultants, representatives and agents from any and all claims, demands, losses,
damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, and property damage, that is either directly or
indirectly related to or arises from your use of the Website or the Products. If you are a California resident, you hereby waive California Civil Code Section
1542, which provides that: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of
executing the release which, if known by him must have materially affected his settlement with the debtor.”
GOVERNING LAW AND DISPUTE RESOLUTION.
THE VALIDITY, INTERPRETATION, CONSTRUCTION AND PERFORMANCE OF THESE TERMS OF SERVICE WILL BE GOVERNED BY THE LAWS OF THE STATE
OF CALIFORNIA, WITHOUT GIVING EFFECT TO THE PRINCIPLES OF CONFLICT OF LAWS. ANY DISPUTE ARISING OUT OF OR RELATING IN ANY WAY
TO THESE TERMS OF SERVICE WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN SAN DIEGO, CALIFORNIA 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 ANY COURT OF COMPETENT JURISDICTION, WITHOUT
THE POSTING OF BOND OR OTHER SECURITY. THE PARTIES AGREE TO THE PERSONAL AND SUBJECT MATTER JURISDICTION AND VENUE OF THE
COURTS LOCATED IN SAN DIEGO, CALIFORNIA, FOR ANY ACTION RELATED TO THESE TERMS OF SERVICE. THE FAILURE OF BLUECHEW TO EXERCISE
OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS OF SERVICE WILL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. YOU
AGREE THAT IRRESPECTIVE OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE
OF THE WEBSITE OR THESE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE
SEVERABILITY AND CONSTRUCTION.
If any term, provision, covenant or condition of these Terms of Service is found by a court or arbitral body of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions hereof shall remain in full force and effect to the fullest extent permissible by applicable law and shall in no
way be affected, impaired or invalidated. The headings in these Terms of Service are for convenience only and shall not affect the meaning or
interpretation of these Terms of Service or any section thereof.
IF BLUECHEW OR ITS ASSETS ARE ACQUIRED BY ANOTHER COMPANY, OR IN THE EVENT OF A MERGER, CONSOLIDATION, CHANGE IN CONTROL,
TRANSFER OF SUBSTANTIAL ASSETS, REORGANIZATION OR LIQUIDATION, BLUECHEW MAY TRANSFER, SELL OR ASSIGN TO THIRD PARTIES RIGHTS
RELATED TO YOUR RELATIONSHIP WITH BLUECHEW, INCLUDING, WITHOUT LIMITATION, YOUR ACCOUNT AND ANY PERSONAL INFORMATION THAT
YOU PROVIDE OR THAT HAS BEEN PROVIDED ON YOUR BEHALF TO BLUECHEW. SUCH THIRD PARTIES WILL ASSUME (A) RESPONSIBILITY FOR YOUR
RELATIONSHIP WITH BLUECHEW, (B) INFORMATION COLLECTED BY BLUECHEW IN CONNECTION WITH BLUECHEW’S BUSINESS OPERATIONS OR
THROUGH THE WEBSITE, AND (C) THE RIGHTS AND OBLIGATIONS REGARDING SUCH INFORMATION AS DESCRIBED IN THESE TERMS OF SERVICE.
THESE TERMS OF SERVICE SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF BLUECHEW’S SUCCESSORS OR ASSIGNS. YOU MAY NOT ASSIGN
YOUR RIGHTS UNDER THESE TERMS OF SERVICE WITHOUT OUR PRIOR WRITTEN CONSENT, AND ANY ATTEMPTED ASSIGNMENT WILL BE NULL AND
ENTIRE AGREEMENT AND AMENDMENTS.
IN ORDER TO PARTICIPATE IN CERTAIN ASPECTS OF THE WEBSITE OR RECEIVE CERTAIN PRODUCTS, YOU MAY BE REQUIRED TO AGREE TO
ADDITIONAL TERMS AND CONDITIONS AS POSTED ON THE WEBSITE (THE “ADDITIONAL TERMS”), WHICH ARE HEREBY INCORPORATED INTO THESE
TERMS OF SERVICE. TO THE EXTENT THERE IS A CONFLICT BETWEEN THE PROVISIONS IN THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS,
THE LATTER SHALL HAVE PRECEDENCE. THE CURRENT VERSION OF THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, THE ADDITIONAL
TERMS, CONSTITUTE THE ENTIRE AND EXCLUSIVE AND FINAL AGREEMENT BETWEEN YOU AND BLUECHEW WITH RESPECT TO THE SUBJECT MATTER
HEREOF, AND GOVERNS YOUR ACCESS AND USE OF THE WEBSITE, SUPERSEDING ANY AND ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS OR
ARRANGEMENTS BETWEEN YOU AND BLUECHEW WITH RESPECT TO THE SUBJECT MATTER HEREOF, WHETHER WRITTEN OR ORAL.
WE RESERVE THE RIGHT TO AMEND, MODIFY, ADD, DELETE OR UPDATE THE TERMS OF THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION,
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