Stelo web terms of use | Stelo by Dexcom

STELO WEB TERMS OF USE

Welcome to the Stelo Website!

Last Updated: August 8, 2024

These Stelo Web Terms of Use (these “Web Terms of Use” or “Terms”) are a legal contract between DEXCOM, INC. (“we,” “us,” “our,” or “DexCom”) and you (together with DexCom, “Everyone”) and govern your use of this website relating to DexCom’s Stelo products and services, including related data services (collectively, the “Stelo Products”), including without limitation all the text, data, information, software, graphics, photographs and more (all of which we refer to as “Materials”) that we and our affiliates may make available to you, as well as any services, including the DexCom Store (as defined below) we may provide through this website (such services, the “Services”, and all of the foregoing, including the Materials and the Services, are referred to in these Terms as this “Website”).

PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH DEXCOM. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

THE USE OF THE STELO PRODUCTS AND THE SERVICES PROVIDED THROUGH THIS WEBSITE ARE NOT APPROPRIATE FOR EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE USE OF THE STELO PRODUCTS AND THE SERVICES PROVIDED THROUGH THIS WEBSITE ARE NOT INTENDED TO CONSTITUTE MEDICAL ADVICE. PLEASE CONSULT WITH A HEALTHCARE PROVIDER BEFORE MAKING ANY MEDICATION ADJUSTMENTS OR TAKING ANY MEDICAL ACTIONS.

We may alter the Materials and Services we offer you and/or choose to modify, suspend or discontinue this Website at any time and without notifying you. We may also change, update, add or remove provisions (collectively, “Modifications”) of these Terms from time to time. Because Everyone benefits from clarity, we promise to inform you of any Modifications to these Terms by notifying you of such Modifications by any reasonable means, including by posting the Modifications on the applicable service (provided that, for material Modifications, we will seek to supplement such notice by email, an in-service pop-up message, or other prominent notice within the service, or other means). If you object to any such Modifications, your sole recourse shall be to cease using this Website. Continued use of this Website following notice of any such modifications indicates you acknowledge and agree to be bound by the Modifications.

ADDITIONAL TERMS.

DexCom makes available certain optional programs and features (e.g., text and chat with customer service) to customers and users which are subject to these Terms and additional terms and conditions (“Additional Terms”), which Additional Terms are hereby incorporated into these Terms. When you sign up for one of these programs or use one of these features, you are subject to and agree to be bound by these Terms and the Additional Terms applicable to the respective program or feature. In the event of a conflict between these Terms and the App Terms of Use or the Terms of Sale, then the App Terms of Use or the Terms of Sale shall govern. In the event of a conflict between these Terms and any other Additional Terms, then these Terms shall govern with respect to all other matters herein.

Without limiting the generality of the foregoing, in the event that you purchase any Stelo Products from the DexCom e-commerce store provided on the Website (the “DexCom Store”), the Terms of Sale shall apply to your purchases of such Stelo Products. In the event of a conflict between these Terms and the Terms of Sale, the Terms of Sale shall govern with respect to the purchase and use of Stelo Products and the DexCom Store.

In order to access certain features and functions of the Stelo Products, you will be required to download the Stelo mobile application (the “Stelo App”) from third-party app stores. These Terms and the App Terms of Use (the “App Terms of Use”) shall apply to the Stelo Products and your use of the Stelo Products. In the event of a conflict between these Terms and the App Terms of Use, the App Terms of Use shall govern with respect to the Stelo Products and the use of the Stelo Products.

STELOBOT TERMS; USER CONTENT.

Your use of DexCom’s chat areas and customer support services provided as Services through the Website, including without limitation DexCom’s artificial intelligence driven customer support chatbot platform that provides automated responses to your inquiries and other chatbot features and tools, (“SteloBot”), and any content, messages, text, photos, videos, and other materials (collectively “User Content”) that you may be able to create, make available, post, upload, store, and share through or in connection with such Services, including without limitation SteloBot, will be governed by these Terms.

You acknowledge and agree that communications with SteloBot are not considered legally binding on DexCom or our subsidiaries or affiliates. The responses generated by SteloBot are provided solely for convenience and may not accurately reflect the current policy, stance, or determinations of DexCom. Interactions with SteloBot should not be relied upon in making decisions regarding legal rights, obligations, or any other actions. While we endeavor to provide accurate and helpful information through SteloBot, you are advised that the definitive information pertaining to the Services, DexCom’s products, services, policies, and to your relationship with DexCom is contained in these Terms, applicable Additional Terms, the official documentation provided or made accessible to you by DexCom and through direct communication with DexCom’s authorized representatives. By using SteloBot, you expressly agree and understand that DexCom is not liable for any inaccuracies or errors provided by SteloBot, nor for any actions taken based on the information provided by SteloBot.

With respect to any User Content that you provide to us through the Website, including without limitation User Content that you provide to SteloBot, you grant to DexCom and our affiliates and relevant third-party service providers a perpetual, irrevocable, nonexclusive, transferable, royalty-free, worldwide, fully paid-up, and sublicensable (through multiple tiers) license to:

collect, use, store, analyze, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly or otherwise perform and display, and exploit your User Content and any findings from your User Content in all media formats and channels now known or later developed without compensation to you or any third party;

use (and permit others to use) your User Content in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Content or any modification thereto, in whole or in part, into any technology, product, or service, or develop and improve DexCom’s products and services, including without limitation as part of the development and training for SteloBot); and

display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.

When you post or otherwise share User Content on or through the Services, you understand that your User Content and any associated information (such as your username and profile photo) may be visible to others. Additionally, you understand and agree that information you input into SteloBot will be retained by DexCom in order to answer questions and inquiries from you as well as other customers. DexCom has no control over and is not responsible for any use or misuse (including any distribution) by any third party of User Content. If you choose to make any of your personally identifiable or other information publicly available through the Services, you do so at your own risk.

You represent and warrant that your User Content, and DexCom’s use of User Content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content for which you do not have all rights necessary to grant us the license described above or that:

is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any applicable local, state, national or international law;

may infringe any patent, trademark, trade secret, copyright, moral right or other intellectual or proprietary right of any party;

contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

impersonates, or misrepresents your affiliation with, any person or entity;

contains any unsolicited promotions, political campaigning, advertising or solicitations;

contains any private or personal information of a third party without such third party’s consent or contains your private or personal information;

contains any malware, viruses, corrupted data or other harmful, disruptive or destructive files or content; or

in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying the Services, or may expose DexCom or others to any harm or liability of any type.

DexCom does not undertake to review all User Content, and DexCom expressly disclaims any duty or obligation to undertake any monitoring or review of any User Content. Although DexCom has no obligation to screen, edit or monitor User Content, DexCom may:

delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including without limitation for any violations of applicable law or these Terms;

terminate or suspend your access to all or part of the Services if your User Content violates applicable law or these Terms;

take any action with respect to your User Content that is necessary or appropriate, in DexCom’s sole discretion, to ensure compliance with applicable law and these Terms or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information regarding you to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and

cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

GENERAL USE.

By visiting, accessing, registering with, or using this Website, or by purchasing or using any Services or using any Materials offered through the Website, you represent and warrant that you are a natural person of at least 18 years of age and located in the United States (the “Territory”) and have accepted these Terms. If you are under the age of 18, please do not attempt to access the Website or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, subject to applicable laws, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us as set forth in the Privacy Policy.

We invite you to use this Website for individual, consumer purposes related to the Stelo Products, but not including research purposes not otherwise approved in writing by DexCom (the “Permitted Purposes”). You are responsible for obtaining and maintaining your device, software, operating system, carrier and network access necessary to properly access and use the Website. DexCom does not guarantee that the Website or any portions thereof will function on or in connection with any particular device, software, operating system, carrier, or network. DexCom will have no liability for errors, unreliable operation, or other issues resulting from the use of the Website.

In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use SteloBot solely for the purposes described in these Terms, and your license to use the Materials and SteloBot is subject to and conditioned on your compliance with these Terms. You have no other rights to this Website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner.

If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

YOUR RELATIONSHIP WITH DEXCOM.

DexCom does not provide medical services through the Website and SteloBot. The content of the Website and the Services do not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. By accepting these Terms, you acknowledge and agree that you are solely responsible for consulting with an appropriate healthcare provider before making any medication adjustments or pursuing any medical actions.

USING THIS WEBSITE AND THE WEBSITE’S SERVICES.

You do not need to register an account with us to simply visit and view the Website.

However, in order to access certain password-restricted areas of this Website and to use certain Services and Materials offered on and through this Website, you must successfully register an account with us. In addition to acceptance and agreement to these Terms, you may be required to satisfy certain conditions precedent imposed by DexCom, including, for example, providing additional information to DexCom and entering into additional agreements with DexCom and/or its third-party affiliates to access additional Services.

REGISTERING FOR AN ACCOUNT.

In order to register for an account with us, you must submit the following information through the account registration page on this Website:

A working email address;

First and last name;

Sex;

Date of birth;

Country of residence;

Zip code; and

Preferred password.

You may also provide additional, optional information so that we can provide you with a more customized experience when using this Website – but, we will leave that decision with you. You agree that all information you submit to create a user account, including, but not limited to, your name and email address, shall be truthful, accurate, and complete, and you shall maintain accuracy and completeness of the information associated with your account for as long as you use the account. To the extent necessary, you can log into your account and make relevant changes directly or you can contact us using the below contact information and we can make the required changes for you. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an e-mail detailing how to complete your registration. If you forget your password, we will happily send a password update to your provided email address. You may have only one (1) user account. An account is not transferable between individuals. You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may setup through or on this Website. Because it is your account, it is your responsibility to obtain and maintain all equipment and services necessary to access and use this Website as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website. You may not allow another individual or third party to access, use, or modify your user account. Should you believe your password or security for this Website has been breached in any way, you must immediately notify us by opening a case with SteloBot. You are fully and solely responsible for any and all use of the Website using your user account. We reserve the right to revoke or deactivate your user account at any time. We reserve the right to take any and all actions, as deemed necessary and reasonable, regarding the security of the Website and your user account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your user account.

ELECTRONIC COMMUNICATIONS.

By using the Website and/or the Services provided on or through the Website, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website, these Terms, the Services and/or Stelo Products provided on or through the Website. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

We respect the information you provide to us, and want to be sure you fully understand how we use that information. So, please review our Privacy Policy (“Privacy Policy”) which explains how we collect, use, and disclose such information. The Privacy Policy is hereby incorporated into these Terms by reference and constitutes part of these Terms.

YOUR HEALTH INFORMATION.

When you set up an account with us, you are creating a direct customer relationship with DexCom that enables you to access and/or utilize the various functions of the Services and Website as a user. As part of that relationship, you may provide information to DexCom, including but not limited to your name and email address, that we may collect, use and disclose in accordance with our Privacy Policy. In using certain components of the Services, you may also provide certain medical information that may be protected under applicable laws. For these Services, DexCom is not a “covered entity” or “business associate” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). It is important to remember that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with us. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy and applicable state laws. Protected Information does not include information that has been de-identified in accordance with applicable law. By using the Services and Website, you acknowledge and understand that information that you submit to DexCom using the Services and Website may not be subject to HIPAA and our use and disclosure of your information shall be governed by our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

LINKS TO THIRD-PARTY SITES.

For convenience, we may sometimes provide links on this Website to third-party websites. If you use these links, you will leave this Website. We are not obligated to review any third-party websites that you link to from this Website, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from this Website, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.

UNAUTHORIZED ACTIVITIES.

To be clear, we authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between you and us, all rights in this Website remain our property.

You understand that you may lose your right to use the Services and Website if you do not abide by these Terms. In addition to other prohibitions in these Terms, certain conduct is prohibited on the Website. Unauthorized use of this Website may result in violation of various United States and international laws, including but not limited to copyright laws. Unless you have written permission from us stating otherwise, you are not authorized to use this Website in any of the following ways (this list is provided by way of example only, and is not a comprehensive list of all unauthorized activities):

To create, train, or improve (directly or indirectly) any product or service, including any product or service similar to or competitive with the Stelo Products, or the Services;

To rent, lease, loan, resell, sublicense, assign, publish, or distribute the Stelo Products to any third party;

For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment;

In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;

In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;

For research purposes, including clinical research, market research, engineering studies or other forms of research that are not expressly authorized in writing by DexCom;

For any purpose other than the Permitted Purposes;

To stalk, harass, or harm another individual;

To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

To interfere with, damage, disrupt or impair this Website or servers or networks connected to this Website or the proper operation thereof;

To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website;

Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means;

To create more than one user account or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Website;

To allow any unauthorized person to access your user account or to receive the Services;

To infringe, misappropriate, or otherwise violate any intellectual property right or other right of DexCom or any third party; or

To attempt to indirectly undertake any of the foregoing or encourage or enable any other individuals to do or attempt to do any of the foregoing.

You understand and agree that your user account may be terminated for any of the above infractions or using the Website in a prohibited manner. You agree to defend, indemnify and hold us and our affiliates harmless if you violate these Terms and that violation results in any claim, action, loss, liability, expense, damages and costs, including, without limitation, attorneys’ fees. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

PROPRIETARY RIGHTS.

“Stelo” is a trademark that belongs to us. Other trademarks, names and logos on this Website are the property of their respective owners.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website are our sole property, Copyright © 2024. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

INTELLECTUAL PROPERTY INFRINGEMENT.

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Content that violates intellectual property rights of others, suspending access to this Website (or any portion thereof) to any user who uses this Website in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Website in violation of someone’s intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe in good faith your copyright or other intellectual property right is being infringed by a user of this Website, please provide written notice to our Agent for notice of claims of infringement:

Attn: DexCom DMCA Agent

Phone: 1 (888) 738-3646

To be sure the matter is handled immediately, your written notice must:

Contain your physical or electronic signature;

Identify the copyrighted work or other intellectual property alleged to have been infringed;

Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;

Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);

Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;

Contain a statement that the information in the written notice is accurate; and

Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:

Your physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in our sole discretion, to terminate the account or access of any user of this Website or Service who is the subject of repeated DMCA or other infringement notifications.

DISCLAIMER OF WARRANTIES.

THIS WEBSITE, INCLUDING THE SERVICES, STELOBOT AND THE DEXCOM STORE, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE, THE SERVICES, INCLUDING WITHOUT LIMITATION STELOBOT ARE FREE OF PROBLEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THIS WEBSITE, THE SERVICES, NOR STELOBOT WILL MEET YOUR REQUIREMENTS OR THAT ANY OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THIS WEBSITE, THE SERVICES OR STELOBOT WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, THE SERVICES OR STELOBOT, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THIS WEBSITE AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS WEBSITE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES. DEXCOM DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE, THE SERVICES OR STELOBOT IS SUTIABLE FOR USE IN OR FOR RESEARCH, INCLUDING CLINICAL RESEARCH, MARKET RESEARCH, ENGINEERING STUDIES OR OTHER FORMS OF RESEARCH BY ANY THIRD PARTY NOT AFFILIATED WITH OR ACTING ON BEHALF OF DEXCOM. YOU ACCEPT FULL RESPONSIBILITY FOR ANY AND ALL DECISIONS OR TRANSACTIONS (INCLUDING, WITHOUT LIMITATION, ANY PURCHASES OR OTHER TRANSACTIONS) YOU MAKE IN THE COURSE OF USING THE WEBSITE.

YOU ACKNOWLEDGE THAT DEXCOM IS NOT A HEALTHCARE PROFESSIONAL, DOES NOT EMPLOY HEALTHCARE PROFESSIONALS FOR THE PROVISION OF LICENSED MEDICAL SERVICES, AND DOES NOT OFFER ANY LICENSED PROFESSIONAL MEDICAL SERVICES OR ADVICE. WE DO NOT VERIFY THE ACCURACY OF DATA OBTAINED FROM THIS WEBSITE, STELOBOT OR THE STELO PRODUCTS. THE STELO PRODUCTS ARE NOT REPLACEMENTS FOR ONGOING MEDICAL CARE PROVIDED BY LICENSED MEDICAL PROFESSIONALS. YOU ACKNOWLEDGE THAT THE DATA COLLECTED FROM THE STELO PRODUCTS AND ANY RELATED DATA SERVICES ARE INFORMATIONAL IN NATURE. YOU ACKNOWLEDGE THAT YOU WILL NOT TAKE MEDICAL ACTION BASED ON THE OUTPUT OF STELO PRODUCTS, INCLUDING THE DATA COLLECTED FROM STELO PRODUCTS, WITHOUT CONSULTING A QUALIFIED HEALTHCARE PROFESSIONAL. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CONSULTING WITH MEDICAL PROFESSIONALS REGARDING ANY QUESTIONS YOU MAY HAVE AS A RESULT OF YOUR USE OF THE STELO PRODUCTS, INCLUDING IN ORDER TO OBTAIN PROPER TREATMENT FOR HEALTH OR MEDICAL CONDITIONS.

DO NOT USE STELO PRODUCTS IF YOU ARE PREGNANT. STELO PRODUCTS, INCLUDING DIETARY AND LIFESTYLE ADVICE, MAY NOT BE SUITABLE FOR YOU IF YOU ARE PREGNANT.

DO NOT DELAY IN SEEKING MEDICAL DIAGNOSIS OR ADVICE BECAUSE OF ANY INFORMATION MADE AVAILABLE TO YOU FROM THE USE STELO PRODUCTS. THE USE OF STELO PRODUCTS IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. CONSULT YOUR TREATING HEALTHCARE PROVIDER BEFORE MAKING ANY MEDICATION ADJUSTMENTS BASED ON YOUR SENSOR READINGS AND DO NOT TAKE ANY OTHER MEDICAL ACTION BASED ON YOUR SENSOR READINGS WITHOUT CONSULTING YOUR HEALTHCARE PROVIDER. DO NOT USE STELO PRODUCTS IF YOU HAVE PROBLEMATIC HYPOGLYCEMIA. FAILURE TO USE STELO PRODUCTS AND ITS COMPONENTS ACCORDING TO THE INSTRUCTIONS FOR USE PROVIDED BY DEXCOM AND TO PROPERLY CONSIDER ALL INDICATIONS, CONTRAINDICATIONS, WARNINGS, PRECAUTIONS, AND CAUTIONS IN THOSE INSTRUCTIONS FOR USE MAY RESULT IN YOU MISSING A SEVERE HYPOGLYCEMIA (LOW BLOOD GLUCOSE) OR HYPERGLYCEMIA (HIGH BLOOD GLUCOSE) OCCURRENCE. IF YOUR SENSOR READINGS ARE NOT CONSISTENT WITH YOUR SYMPTOMS, A BLOOD GLUCOSE METER MAY BE AN OPTION AS NEEDED. CONSULT WITH YOUR HEALTHCARE PROVIDER IF THIS OCCURS. SEEK MEDICAL ADVICE AND ATTENTION WHEN APPROPRIATE, INCLUDING BEFORE MAKING ANY MEDICATION CHANGES OR FOR ANY MEDICAL EMERGENCY. YOUR DECISION TO TAKE ACTION BASED ON ANY INFORMATION TRANSMITTED TO OR STORED IN YOUR PURCHASED STELO PRODUCTS OR ANY INFORMATION RECEIVED FROM DEXCOM, OR ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS OR SUPPLIERS IS SOLELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY.

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION THAT ARISE OUT OF OR RESULT FROM THE USE OF, THE INABILITY TO USE, OR ERRORS OR OMISSIONS IN THE SERVICES, MATERIALS, CONTENT AND FUNCTIONS OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE OF DEXCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR SERVICES IS TO STOP USING THE WEBSITE OR THOSE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DEXCOM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT DEXCOM’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.

LOCAL LAWS; EXPORT CONTROL.

We control and operate this Website, and the Stelo Products are only available, in the United States of America and the entirety of this Website may not be appropriate or available for use in other locations. If you use this Website outside the United States of America, you are solely responsible for following applicable local laws.

FEEDBACK.

Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email, chat) is entirely voluntary and will be treated as both non-confidential and non-proprietary without any compensation or other obligation to you. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. These provisions regarding Feedback shall survive any termination of your user account, these Terms, or the Website or Services.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please Read This Provision Carefully. It Affects your Legal Rights.

This Dispute Resolution and Arbitration; Class Action Waiver provision, (this “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us, including, without limitation, any dispute arising under these Terms; your visit to or use of the Website, Stelo App, or DexCom Store; or to any purchase, transaction, or other interaction with DexCom facilitated through the Website, Stelo App or DexCom Store (including, without limitation, claims relating to the DexCom’s advertisements, pricing, and disclosures; email, SMS or other messages sent by DexCom; or DexCom’s collection, processing or retention of your information). For the avoidance of doubt, “dispute” will be given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute which is first done by emailing to us at [email protected] the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or we may choose to pursue a dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at [email protected] the following information: (1) your name; (2) your address; (3) A clear statement that you do not wish to resolve disputes with Us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.

Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – you or we may initiate arbitration in either California or the federal judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge or Jury in Arbitration

Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms you and we are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of this Website. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Us to adhere to the present language in this Provision if a dispute between us arises.

LANGUAGE.

The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.

GENERAL.

We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will tell you. In addition, we will endeavor to provide you with recommended necessary corrective action(s) whenever possible.

However, certain violations of these Terms, as determined by us, may require immediate termination of your access to this Website without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in San Diego County, California. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us, and except to the extent otherwise set forth in the section above titled “Additional Terms”, supersede all prior or contemporaneous negotiations, discussions or agreements between you and DexCom about this Website. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CALIFORNIA CONSUMER NOTICE.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Website is provided by DexCom, Inc., 6340 Sequence Drive, San Diego, California 92121. If you have a question or complaint regarding the Website, please contact us by visiting https://www.stelo.com/support, opening a case with SteloBot, or as set forth in the Privacy Policy, as applicable. You may also contact us by writing to DexCom, Inc., 6340 Sequence Drive, San Diego, California 92121. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can visit us at https://www.stelo.com/support, or reach us by mail at DexCom, Inc.
Attn: Legal Department, Contract Analyst
6340 Sequence Drive
San Diego, California 92121