STELO TERMS OF SALE
Last Updated: August 8, 2024
These Stelo Terms of Sale (these “Terms of Sale”) are a legal contract between DEXCOM, INC. (“we”, “us” or “DexCom”) and you and govern your purchase and your use of DexCom’s Stelo products and services, including any device or other equipment, accessories, subscriptions, or any other products (collectively, the “Stelo Products”) that you purchase from the DexCom e-commerce store (the “DexCom Store”) provided through the DexCom website relating to Stelo Products (the “Stelo Website”).
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PURCHASING STELO PRODUCTS AS THESE TERMS OF SALE AFFECT YOUR LEGAL RIGHTS. BY PLACING AN ORDER FOR OR USING ANY STELO PRODUCTS, OR BY CLICKING THE BUTTON PROVIDED TO ACCEPT THESE TERMS OF SALE, YOU REPRESENT AND WARRANT THAT (A) YOU HAVE READ AND UNDERSTOOD AND ACCEPT THESE TERMS OF SALE, AND (B) YOU HAVE THE RIGHT, AUTHORITY, AND LEGAL CAPACITY TO ENTER INTO THESE TERMS OF SALE AND TO PURCHASE AND USE STELO PRODUCTS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THESE TERMS OF SALE OR IF YOU DO NOT HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS OF SALE (I.E., IF YOU ARE NOT OF SUFFICIENT AGE IN YOUR JURISDICTION OF RESIDENCE AND MENTAL CAPACITY OR IF YOU ARE OTHERWISE NOT ENTITLED TO BE LEGALLY BOUND IN CONTRACT) YOU MAY NOT PLACE ORDERS FOR OR PURCHASE STELO PRODUCTS AND YOU MAY NOT USE THE STELO PRODUCTS.
NOTE: THESE TERMS OF SALE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF SALE 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.
1. SCOPE OF THESE TERMS OF SALE.
1.1. Applicability. These Terms of Sale set forth the legally binding terms and conditions for your purchases (“Orders”) and use of DexCom’s Stelo Products that you purchase through the DexCom Store.
1.2 Changes. Please note that we may change these Terms of Sale at any time, and it is up to you to review and agree to these Terms of Sale and related terms and policies each time before ordering Stelo Products in case there are any changes.
1.3 Additional Terms. The use of our DexCom Store is also subject to additional terms of use, which are available here (the “Web Terms of Use”) and incorporated herein by this reference. In the event of a conflict between these Terms of Sale and the Web Terms of Use or other additional terms that you may be subject to in the process of signing up or logging into your account, the Terms of Sale will govern the Order and use of the Stelo Products. By placing an Order for Stelo Products, you are agreeing and accepting these Terms of Sale, the Web Terms of Use, and consent to our practices as set forth in our Privacy Policy.
Additional terms (“Additional Terms”) may apply to particular Stelo Products or delivery or return options, which will be presented as part of the Order process or otherwise provided or made available to you, including by posting on the Stelo Website. In the event of a conflict between these Terms of Sale and Additional Terms you may be subject to in the process or signing up or logging into your account, the Terms of Sale shall govern the Order and use of the Stelo Products.
In order to access certain features and functions of, and use the Stelo Products, you will be required to download the Stelo mobile application (the “Stelo App”) from third party app stores. These Terms of Sale and the App Terms of Use (the “App Terms of Use”) shall apply to the Stelo Products and your use of the Stelo Products.
1.4 Third Party Terms. Stelo Products may include software, data, or other items licensed to us by third parties. Your use of such third party items is subject to the provisions of these Terms of Sale, except as required otherwise by the applicable licensor. You must comply with the additional license provisions required by vendors of such third party items posted on the DexCom Stores or which we otherwise provide or make available to you, as they are amended by us from time to time. The version of such license provisions that is applicable to your use is incorporated into and made a part of these Terms of Sale.
1.5 Interpretation. In these Terms of Sale, any words following the term “including” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.
2. PLACING AN ORDER ON A DEXCOM STORE.
2.1. Placing an Order. An Order is placed by clicking on the “Add to Cart” button, proceeding to the checkout page and providing all required information (a) correct name and address, phone number, e-mail address, payment details, valid delivery address in the Territory (as defined below), and other required information. DexCom will confirm receipt of your Order by sending an e-mail to you at the e-mail address that you provided, which acknowledges receipt of the Order and sets out details of the ordered Stelo Products. The e-mail will be sent by DexCom as soon as reasonably practical. This e-mail constitutes a confirmation that DexCom has received your order and not an acceptance of your Order.
2.2. Confirmation and Acceptance of an Order. A placed and confirmed Order does not bind DexCom but constitutes an offer from you to purchase the applicable Stelo Products in consideration for payment of the applicable purchase price. All Orders must then be formally accepted by DexCom. DexCom’s acceptance of your Order takes place when the ordered Stelo Products are shipped to you. DexCom reserves the right, in its sole and exclusive discretion, to refuse or cancel any Order, for any reason, as permitted by applicable law, including such Order that DexCom suspects were not placed in good faith or were not placed by individuals. If a suspicion arises that your identity, address, e-mail address, and/or payment information has been provided to us fraudulently or in an unauthorized manner, you may be required to provide additional verifications and information before, and as a condition to, our acceptance of any Order.
2.3. Copies. You are encouraged to download and save a copy of your Order confirmation and these Terms of Sale, the Web Terms of Use, and the Privacy Policy for your records. Any confirmation e-mail you receive from DexCom will serve as a receipt and Order record. If the versions of these documents that applied at the time of your Order are no longer available online, you may request that DexCom send you a copy of the Terms of Sale, the Web Terms of Use, and/or the Privacy Policy that was applicable to your Order by opening a case with Dexcom’s virtual assistant bot (“SteloBot”) which is accessible via the Stelo Website (including at https://www.stelo.com), or contacting us as set forth in the Privacy Policy, as applicable, and requesting a copy of such documents as of the date you specify.
2.4. Order Fulfillment. If DexCom or our third party shipping and fulfillment provider as may be applicable, is unable to fulfill all or any part of your Order, we will either cancel the full Order or cancel only that portion of the Order that will not be fulfilled. You acknowledge and agree that DexCom’s ability to sell and fulfill Orders is subject to (a) item availability, (b) accuracy of the information that you provide, and (c) DexCom’s sole discretion in managing inventory. DexCom is not obligated to accept any Order and expressly reserves the right to limit, decline, or reject any sale or Order for any or no reason, without explanation and without being liable to you for any damages or costs other than repayment of any amounts that DexCom had previously received from you with regards to such sale or Order.
2.5. Technical Requirements. It is your responsibility to ensure that your equipment (computer, laptop, tablet, or other mobile device) is compatible with the DexCom Store and meets all the necessary technical specifications to enable you to access and use the DexCom Store. In order to complete your DexCom Store purchase, DexCom requires that you provide your full name, e-mail address, valid delivery address, and payment method with each Order. You may need to adjust your device and browser settings to accept certain cookies and/or pop-ups in order to be able to utilize all functionalities of the DexCom Store, which includes adding items to your shopping cart and submitting your Order.
3. NO PURCHASES FOR RESALE; NO PURCHASE OR USE FOR RESEARCH.
The Stelo Products sold to you are provided solely for the personal use and benefit of end user consumers and any purchase of Stelo Products for resale is strictly prohibited. By placing your Order or making a purchase of Stelo Products, you agree that you are purchasing Stelo Products for personal use only and not for resale. Accordingly, if DexCom determines or has reason to believe, in its sole discretion, that you have placed an Order or made a purchase of Stelo Products with the intent of reselling the same, in whole or in part, to others (such as to other consumers, businesses, or any other third party), DexCom reserves the right, in its sole discretion, and as it relates to such purchase or Order to: (a) suspend the application of any DexCom policy that provides a right or benefit intended for direct-to-consumer purchases, as such may relate or pertain to you; and (b) take any action necessary to stop such purchase or Order (and deter future purchases or Orders), including to restrict sales to you or any consumer account or member account, e-mail, or order, associated with you, cancel Orders, charge restocking fees, impose purchase quantity limits, decline to issue refunds or take returns, deny access to any DexCom Store and/or suspend or close any account, as such may relate or pertain to you.
The Stelo Products sold to you or purchased by you are provided solely for personal use. Purchase or use of Stelo products for research use, including clinical research, market research, engineering studies or other testing is prohibited. By placing your Order or making a purchase of Stelo Products, you agree that you are purchasing Stelo Products for personal use only and not for research use. Accordingly, if DexCom determines or has reason to believe, in its sole discretion, that you have placed an Order or made a purchase of Stelo Products with the intent of using such products for research use, in whole or in part, to others (such as to other consumers, businesses, or any other third party), DexCom reserves the right, in its sole discretion, and as it relates to such purchase or Order to: (a) suspend the application of any DexCom policy that provides a right or benefit intended for direct-to-consumer purchases, as such may relate or pertain to you; and (b) take any action necessary to stop such purchase or Order (and deter future purchases or Orders), including to restrict sales to you or any consumer account or member account, e-mail, or order, associated with you, cancel Orders, charge restocking fees, impose purchase quantity limits, decline to issue refunds or take returns, deny access to any DexCom Store and/or suspend or close any account, as such may relate or pertain to you.
4. PRICES.
4.1. The price that is payable for Stelo Products will be the price in effect at the time of your purchase or the Order is placed (as applicable) and will be set out in, if applicable, the Order confirmation e-mail or web page. Subject to applicable law and as further described in Section 5 (Product Specifications; Pricing; Typographical Errors; Discounts), we have the right to correct or reject any Order if we discover a pricing error. Unless otherwise specified, the product prices displayed on products, packaging, signage, or otherwise displayed on the screen of the DexCom Stores are shown in U.S. dollars do not include any taxes, shipping, and/or handling charges that you may incur at the time of purchase of Stelo Products.
4.2. Applicable sales tax will be added to the base price of the Stelo Products.
4.3. All prices displayed on the screen of the DexCom Store are excluding the costs for delivery, which will be listed separately during the finalization of the Order procedure.
4.4. All prices are subject to change without notice.
5. PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS; DISCOUNTS.
5.1. Product Specifications; Pricing; Typographical Errors. We strive to accurately describe our products or services offered in the DexCom Store, but we do not warrant that such specifications, pricing, or other content in the DexCom Store is complete, accurate, reliable, consistent, current, or error-free. In the event of a good faith error, whether in DexCom Store, in an Order confirmation, in processing an Order, when delivering a product or service or otherwise, DexCom reserves the right to contact you to correct such error and provide you with the option of revising your Order accordingly (including adjusting and charging the correct price or adjusting a shipping timeline) or cancelling the Order and receiving a refund of any amount charged, as permitted by applicable law. Your Orders are offers to purchase subject to our acceptance, which we may reject or cancel, subject, to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. All sales are final, and returns, or exchanges are not permitted. For all technical support or general product inquiries, please visit www.stelo.com/support.
5.2. Discounts. DexCom may from time to time offer discounts, discount programs, or loyalty programs, any of which may also be changed or revoked at any time. Discount programs are intended for personal use only and you may not share discounts with third parties or make purchases for anyone other than immediate family members, unless the terms of the discount program state otherwise. Discount programs may not be applicable to specific Stelo Products or to sale items and cannot be combined with any other offers. Discount and loyalty programs offered by DexCom may have additional terms and conditions that apply, all of which are incorporated hereunder by this reference (if applicable). The terms of those discounts will be stated at the time you sign up or at the time of sale of the service or product. Unless otherwise provided for in a separate discount or loyalty program agreement: (a) DexCom may restrict the types of acceptable payment used in connection with an applicable discount, for example, a debit or credit card may be required; and (b) you may not resell any Stelo Products purchased with your applied discount. You acknowledge and agree that DexCom has the absolute right to deny use of an applicable discount or refuse Orders to any person suspected of reselling or Orders which have characteristics of reselling.
6. DELIVERY.
6.1. DexCom will only deliver Stelo Products to end user customers located in the Territory, and will not deliver to any addresses that are or that we reasonably determine are PO Box addresses. Additional Terms may apply. At checkout, you will be provided an estimated delivery date for your Order that is calculated based upon processing time, the shipping address provided, and the shipping method selected on the Order. You acknowledge that any delivery dates that DexCom provides are non-binding estimates only and you have no claim against DexCom for delays or early deliveries. Please note that DexCom and/or its applicable third-party shipping and fulfillment provider may only ship Monday through Friday, excluding U.S. federal holidays. DexCom may provide discounted or no cost standard shipping on Orders that exceed certain dollar amount Order thresholds, as such may be determined in DexCom’s sole discretion and from time to time.
6.2. Your Order will be delivered to the delivery address that you provided to DexCom at the time you placed your Order. DexCom cannot accommodate multiple delivery addresses on a single Order therefore all products within the same Order must ship to the same delivery address. It is DexCom’s preference to deliver all items from a single Order within a single shipment, however, due to numerous factors, this may not always be possible and accordingly, products in a single Order may be delivered in split shipments. DexCom reserves the right, at its sole discretion, to split the delivery of any Order into two (2) or more shipments. If your Order will have multiple shipments, you will not incur any additional delivery costs. Upon delivery, it is your duty to inspect the packaging and Stelo Products for damage. If it appears that Stelo Products are damaged, please do not accept the shipment and report the issue by opening a case with Stelobot (which is accessible via the Stelo Website, including at https://www.stelo.com).
6.3. In case DexCom discovers that DexCom can no longer deliver the Ordered Stelo Products, DexCom will be entitled to terminate the Order. DexCom will inform you promptly of any Order cancellation and reimburse any payments you made for the cancelled Order.
6.4. Title and risk of loss for fully paid Stelo Products purchased from DexCom passes to you upon our delivery of the relevant Stelo Product to a common carrier (e.g., UPS, FedEx, USPS). As a result, DexCom shall have no responsibility for the relevant Stelo Product once it is delivered to the carrier and you are responsible for filing any claims with carriers for damaged and/or lost shipments. Title to Stelo Products will not transfer until full payment for such Stelo Products has been received by DexCom.
6.5 You can track the status of your Order with the order number provided to you and the email address used at checkout, here. You can also log into your Account to view current and past orders.
7. TERRITORY.
Products will only be delivered by DexCom to customers in the United States (“U.S.”) (the "Territory"). No Orders will be accepted from outside of the Territory or for freight forwarders or similar services that may deliver Product outside the Territory.
8. SUBSCRIPTIONS.
We offer the opportunity for you to purchase certain products on a subscription basis (each, a “Subscription”). To purchase a Subscription, you must register for an account with us. Each Subscription and the rights and privileges provided are personal to the account holder and non-transferable. All sales and payments of Subscription fees will be in US Dollars.
The fee that we will charge you for your Subscription will be the price posted on the product detail page on the Stelo Website on the date that you purchase a Subscription for the frequency you select. We reserve the right to change prices for Subscriptions at any time, and do not provide price protection or refunds in the event of promotions or price decreases. The total cost charged to your payment method for each Subscription order will be the cost of the item on the day that order is shipped (which is subject to change based on price fluctuations and certain promotional discounts, or sales that may be available from time to time), plus any applicable sales tax, shipping charges, and fees. We will notify you if the price of your item changes before your next Subscription order is processed at the new price. If you do not want to continue your Subscription at the new price, you can cancel your Subscription as described below. You can view the current price for your Subscriptions by logging into your account and clicking on “Subscriptions”.
You may pay for your Subscription fee only with credit and debit card payments (Visa, MasterCard, American Express, and Discover), Apple Pay, Google Pay and any other payment options that may be available from time to time. We will charge your credit or debit card for your first Subscription fee at the time we process your order for your Subscription. You agree to pay for the products included in your Subscription on the date of shipment using the selected payment method (or alternate payment method as outlined below) and you authorize us to charge the selected payment method for each Subscription order. If we are unable to complete your Subscription order with the authorized payment method, we will contact you to notify you of the inability to complete the Subscription, and we may cancel the Subscription until you update or provide an alternate payment method. You can view the shipment date for each Subscription by logging into your Account and clicking “Subscriptions”. To avoid being charged, skip, or cancel your Subscription before the order processing date as described herein.
The Subscription is not a health insurance product or a substitute for health insurance, and the amounts you pay for the Subscription are not insurance premiums. The Subscription does not meet any individual health insurance mandate under federal or state law. If you desire any type of health or other insurance coverage, you will need to acquire such insurance separately.
We may modify any of the terms that apply to your Subscription, at any time. For changes that we consider to be material, we will send you an email at the email address associated with your account. If you continue to participate in any Subscription by maintaining Subscriptions, logging onto your account or in any other way after the terms have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION(S).
IMPORTANT NOTICE: WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION AT THE THEN-CURRENT SUBSCRIPTION FEE AT THE INTERVAL YOU SELECTED OR THAT WAS OTHERWISE INDICATED WHEN SIGNING UP FOR YOUR SUBSCRIPTION, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, WE WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT AND APPLICABLE SHIPPING CHARGES (UNLESS YOU CANCEL PRIOR TO THE PROCESSING DATE SHOWN IN YOUR ACCOUNT). YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME by logging into your account and clicking “Cancel Subscription”. WE REQUIRE A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST.
AUTOMATIC RENEWAL TERMS: To facilitate continuity of service to You, each paid Subscription contains automatic renewal terms. You agree that you will be charged the fee you agreed to (depending on your particular Subscription agreement) for the length of time you agreed to, and that your Subscription will automatically renew on those same terms until you cancel as described herein. You authorize us to charge your card now and upon each renewal.
9. PAYMENT.
9.1. Payment Terms. You agree to pay the price in effect at the time of your purchase of the Stelo Products (or at the time the Order is placed (as applicable)), and all applicable fees related to your purchase which are described fully on the product page for the Stelo Products purchased by you. By purchasing Stelo Products on the Website, you are specifically choosing to obtain products and services on a cash basis outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any product provided to you. By agreeing to use the Website, you acknowledge that you have sole financial responsibility for all Stelo Products purchased by you through the Website. All purchases are final and once paid, all fees, including Subscription fees, are non-refundable, except as prohibited by applicable law. We may suspend or terminate your account and/or access to our Services and this Website if your payment is late and/or your offered payment method (e.g., credit card or PayPal account) cannot be processed. If you have signed up for a Subscription, by providing a payment method, you expressly authorize us to charge the applicable fees on such payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular Subscription frequency and utilized services. We understand that you might cancel your account, but please know that we will not provide any refund(s) and you will be responsible for paying any balance due on the account. To make things less complicated, you agree that we may charge any unpaid fees to your provided payment method and/or send you a bill for such unpaid fees.
9.2 Payment Methods. In our DexCom Store, acceptable payment methods include debit or credit card, Apple Pay, Google Pay, and possibly FSA/HSA funds, and any other payment options that may be available from time to time. If you attempt to pay using a payment method not specifically authorized at the DexCom Store, DexCom may reject such payment. However, if DexCom accepts such unauthorized payment method, DexCom will not be liable for any loss of the payment or any other damages that may result from such action.
9.3. Payment Processing. DexCom may use a third-party service provider for payment services (e.g., card acceptance and related services). By using the Services and Website, you agree to be bound by Dexcom’s Privacy Policy and Web Terms of Use, which can be found here. You further agree and authorize DexCom and to share any information and payment instructions you provide with one or more third-party service provider(s) to the minimum extent required to complete your transactions. If you pay by credit or debit card, we will pre-authorize and hold the amount due when you place an Order. Once the Order is processed subject to the hold period set forth in Section 10 and before the Order is shipped to our third-party fulfillment provider, we will deduct the pre-authorized amount from your account. By submitting an Order through the DexCom Store, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for the purchase amount of your Order (including any taxes, shipping, handling, and other amounts required). When you provide your payment information, you authorize us (or a third-party service provider working on our behalf) to process and store your payment and other related information. In the event that the credit card or other payment method you selected cannot be verified, is invalid, or otherwise cannot be accepted or confirmed, we may suspend or cancel your Order. You are responsible for resolving any problem we encounter in order to proceed with your Order. You acknowledge and agree that DexCom may, if necessary, provide information about you and/or your payment method to governmental authorities, our third party fraud prevention vendors, or other appropriate bodies for the purpose of the prevention of fraud or the notification of fraudulent or other illegal activities.
10. CANCELLATIONS.
You may cancel your DexCom Store Order, free of charge and without providing a reason, within sixty (60) minutes from the time the Order was placed, via the link provided in your Order confirmation. If you do not cancel an Order within sixty (60) minutes from when it was initially placed, the Order cannot be cancelled, and it will be processed accordingly. Orders that are “Pending” or “On Hold” cannot be cancelled.
11. DISCLAIMER OF WARRANTIES.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, THE STELO PRODUCTS AND ACCESS TO DEXCOM STORES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, WITH RESPECT TO ALL USES AND/OR PURCHASES. YOU USE STELO PRODUCTS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY SET FORTH HEREIN: (1) DEXCOM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT; (2) DEXCOM FURTHER DISCLAIMS ANY WARRANTIES EXPRESS OR IMPLIED AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT INCLUDING PRICING AND QUANTITY; (3) DEXCOM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION POSTED AT DEXCOM STORE IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE DEXCOM STORE WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS; AND (4) THE FOREGOING DISCLAIMER OF WARRANTY IS ENFORCEABLE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND DOES NOT APPLY TO ANY PRODUCT OR MANUFACTURER WARRANTY EXPRESSLY OFFERED BY DEXCOM AND/OR ANY THIRD-PARTY MANUFACTURER OF MERCHANDISE.
DEXCOM DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE STELO PRODUCTS. DEXCOM DOES NOT MAKE ANY WARRANTY THAT STELO PRODUCTS ARE SUITABLE 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. DEXCOM DOES NOT WARRANT ANY THIRD-PARTY DEVICE, SMART DEVICE, SOFTWARE, SERVICE OR DATA THAT YOU MAY USE IN CONNECTION WITH ANY STELO PRODUCT, WHETHER OR NOT SUCH THIRD-PARTY ITEM IS DESCRIBED IN, OR AVAILABLE OR CAN BE CONNECTED TO THROUGH, ANY STELO PRODUCT. NO INFORMATION OR COMMUNICATIONS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE STELO PRODUCTS WILL CREATE ANY WARRANTY, EXCEPT FOR ANY LIMITED WARRANTY INCLUDED IN THE APPLICABLE STELO PRODUCT'S LABELING (THIS DOES NOT APPLY TO YOUR RIGHTS WITH RESPECT TO DEFECTIVE OR FAULTY DEXCOM PRODUCTS). DEXCOM DOES NOT WARRANT THE ACCURACY OF ANY USER DEVICE, AND THE USER DATA UPLOADED FROM ANY USER DEVICE AND RECEIVED BY DEXCOM IS PROVIDED TO THE USER "AS-IS." DEXCOM DOES NOT ASSUME ANY OBLIGATION TO, AND DOES NOT WARRANT THAT IT WILL, CREATE OR INCLUDE ADDITIONAL FEATURES OR FUNCTIONALITY FOR STELO PRODUCTS, OR STELO APPS. EXCEPT TO THE EXTENT INCLUDED IN ANY STELO PRODUCT LABELING, AND WITHOUT LIMITING YOUR RIGHTS UNDER APPLICABLE LAW, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE STELO PRODUCTS, OR STELO APPS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THEIR USE.
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, NOR DO WE VERIFY THE ACCURACY OF USER DATA. THE STELO PRODUCTS ARE NOT REPLACEMENTS FOR ONGOING MEDICAL CARE PROVIDED BY LICENSED MEDICAL PROFESSIONALS. THE STELO GLUCOSE BIOSENSOR SYSTEM IS AN OVER-THE-COUNTER INTEGRATED CONTINOUS GLUCOSE MONITOR INTENEDED TO MEASURE, RECORD, ANALYZE AND DISPLAY GLUCOSE VALUES IN PEOPLE 18 YEARS AND OLDER NOT ON INSULIN. DATA COLLECTED FROM THE STELO PRODUCTS MAY HELP YOU TO BETTER UNDERSTAND HOW LIFESTYLE AND BEHAVIOR MODIFICATION, INCLUDING DIET AND EXERCISE, IMPACT GLUCOSE EXCURSION. YOU ACKNOWLEDGE THAT THE DATA COLLECTED FROM THE STELO PRODUCTS AND 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 AND DATA SERVICES, INCLUDING DIETARY 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 AND DATA SERVICES. THE USE OF STELO PRODUCTS AND DATA SERVICES 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 AND DATA SERVICES OR ANY INFORMATION RECEIVED FROM DEXCOM, OR ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS OR SUPPLIERS IS SOLELY AT YOUR OWN RISK.
DEXCOM DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANY PERSON, BE IT DIRECTLY OR INDIRECTLY, AS A RESULT OF OR IN CONNECTION WITH YOUR DECISION TO TAKE, OR NOT TAKE, ACTION BASED ON ANY INFORMATION TRANSMITTED TO OR STORED IN YOUR ACCOUNT.
12. PERSONAL DATA.
Your privacy is important to us. All communications sent over an Internet connection are inherently vulnerable to hacking, theft, unauthorized access and/or disclosure, misdirection, loss of data, or corruption of data. By accepting these Terms of Sale, you acknowledge and agree that DexCom is not responsible for the security and privacy of communications services or devices that you use to receive and send your personal data. You further understand and agree that DexCom will not be responsible in any way for any loss, injury, or claims of any kind resulting from your failure to read or respond to communications from DexCom.
To provide you with transparency regarding our data practices, we provide you with a notice explaining our online information practices and the choices you have regarding your personal information that we collect, use and otherwise process. Click here to review the DexCom Privacy Policy for a description of how we may collect, use, and disclose your personal information and click here for the Cookie Policy, all of which form part of these Terms of Sale. Please note that we may change the Privacy Policy at any time, notice of which we may provide to you via the DexCom website or the Stelo App. It is up to you to review these changes.
13. INTELLECTUAL PROPERTY RIGHTS; FEEDBACK.
13.1 Intellectual Property Rights. DexCom and the third parties from which we license certain technology (“licensors”) own all right, title and interest in and to the Stelo Products; the information, artwork and other content available through, or the Stelo Products; the processes, methodologies, documents and other materials we use to provide the Stelo Products or that we provide to you in connection with your use of Stelo Products; and all patent, copyright, trademark, trade secret, and other rights of any nature arising from or relating in any way to the Stelo Products (collectively “Intellectual Property Rights”). The Stelo Products are subject to the notices of Intellectual Property Rights provided by DexCom on our DexCom Store, and you must abide by the requirements in all such notices. All Intellectual Property Rights are reserved by DexCom and its licensors, and no Intellectual Property Rights are granted to you except as expressly set forth in these Terms of Sale. Trademarks, service marks, trade dress, logos, names, and other symbols identifying DexCom, or the Stelo Products, and the goodwill relating thereto, are owned exclusively by DexCom and its licensors. You may not remove or alter any notice provided by DexCom on or in connection with the Stelo Products.
13.2 Feedback. Any comments, questions, suggestions, materials, survey responses, reviews or feedback – collectively, “Feedback”) that you provide to us through any communication whatsoever (e.g., call, fax, email, chat, comments) 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.
14. DISPUTE RESOLUTION; BINDING 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 of Sale; your visit to or use of the Stelo Products, Stelo Website, Stelo App, or DexCom Store; or to any purchase, transaction, or other interaction with DexCom facilitated through the Stelo 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 of Sale 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 these Terms of Sale and the Stelo Products 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 purchaser or user of the Stelo Products or the DexCom Store 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 of Sale 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 Stelo 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.
15. INDEMNIFICATION.
To the fullest extent permissible by applicable law, you agree to indemnify, defend and hold harmless DexCom, its affiliates, officers, directors, employees, agents, licensors and suppliers (collectively, the “DexCom Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including attorneys’ fees, arising from or relating to your use of the Stelo Products and/or DexCom Store or with any DexCom Store’s users or consumers, or any violation of these Terms of Sale or the Privacy Policy, any law, or the rights of any third party.
16. LIMITATION OF LIABILITY.
THESE TERMS OF SALE SET OUT THE FULL EXTENT OF OUR AGREEMENT AND UNDERSTANDING IN RESPECT TO ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, RETURNS, ACCESS, OR USE OF STELO PRODUCTS AND DEXCOM STORE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY ON ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OF SALE, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, SHALL BE LIMITED TO THE SUM PAID OR PAYABLE TO DEXCOM FOR THE STELO PRODUCT(S) PURCHASED BY YOU OR ON YOUR BEHALF IN THE RELEVANT TRANSACTION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NONE OF THE DEXCOM PARTIES WILL BE LIABLE FOR ANY LOST PROFITS OR LOST DATA OR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, ANY STELO PRODUCTS, AND/OR DEXCOM STORE; OR FOR THE PERFORMANCE OF ANY PURCHASED STELO PRODUCTS; OR FOR THE CONDUCT OF DEXCOM STORE USERS OR CONSUMERS (WHETHER ONLINE OR OFFLINE); OR FOR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH YOUR SHOPPING, ORDERS, PURCHASES, OR USE OF ANY STELO PRODUCTS AND/OR DEXCOM STORES, EVEN IF DEXCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE AND ACCESS TO ALL STELO PRODUCTS AND THE DEXCOM STORE. YOUR ONLY REMEDY AGAINST DEXCOM IN CONNECTION WITH ANY ALLEGED DAMAGES ARISING FROM YOUR USE OR ACCESS TO ANY STELO PRODUCTS AND/OR THE DEXCOM STORE OR ANY CONTENT ON ANY OF THE FOREGOING IS TO STOP USING OR ACCESSING SUCH STELO PRODUCTS AND/OR DEXCOM STORE.
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.
17. NOTICES AND QUESTIONS.
You agree that we may give you notices or otherwise respond to you by mail or to your e-mail (if we have it on file) or in any other manner reasonably elected by us. If we elect to send electronic communications, you agree that any notice, agreement disclosure, or communication that we send electronically will satisfy legal communication requirements including that such be in writing. All legal notices to us must be sent to: 6340 Sequence Drive, San Diego, California 92121, Attn: Legal Department. If you have a question, you may contact us by visiting https://www.stelo.com/support, opening a case with our virtual assistant bot Stelobot (which is accessible via the Stelo Website), or contacting us as set forth in the Privacy Policy, as applicable. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive these Terms of Sale or any applicable Additional Terms.
18. CALIFORNIA NOTICES.
18.1. California residents can obtain information on our privacy practices specific to California residents, here.
18.2. The legal name under which DexCom conducts business is DexCom, Inc., and DexCom’s business address is 6340 Sequence Drive, San Diego, California 92121. Upon DexCom’s receipt of your request, California residents may receive verification of this information by submitting an inquiry via SteloBot.
18.3. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Site is provided by DexCom, Inc., 6340 Sequence Drive, San Diego, California 92121. If you have a question or complaint regarding the Site, please contact us by visiting https://www.stelo.com/support, opening a case with SteloBot (which is accessible via the Stelo Website), or as set forth in the Privacy Policy, as applicable. You may also contact us by writing to us at 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.
19. EQUITABLE RELIEF.
Any violation of a party's intellectual or industrial property rights will cause such party irreparable harm for which monetary damages are an inadequate remedy, and such party shall be entitled to seek temporary, preliminary, and permanent injunctive relief and specific performance without the requirement of posting of a bond or other security, or if required, the minimum bond or security required.
20. INTEGRATION.
You and DexCom agree that these Terms of Sale are the complete and exclusive statement of the mutual understanding between you and DexCom regarding the subject matter herein, and that they supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms of Sale (except as otherwise set forth in the App Terms of Use).
21. RIGHT TO ASSIGN.
DexCom may assign its rights and duties under these Terms of Sale to any party at any time without notice to you, unless notice is required by applicable law, but this will not affect your rights or our obligations under these Terms of Sale. You may only transfer your rights or your obligations under these Terms of Sale to another person with our prior written consent.
22. NO WAIVER.
DexCom’s failure to insist upon or enforce strict performance of these Terms of Sale is not a waiver of any of these Terms of Sale or DexCom’s rights. If we do elect to waive a default by you, we will only do so in writing, and doing so shall not mean that we intend to or will automatically waive any later default(s) by you.
23. APPLICABLE LAW.
These Terms of Sale of Sale shall be governed by and construed in accordance with the Federal Arbitration Act, the substantive laws of the State of California, United States of America, and applicable U.S. federal law, without regard to any choice or conflicts of law provisions and regardless of your location. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms of Sale. Except for disputes subject to arbitration as described above, any disputes relating to these Terms of Sale, the Stelo Products or the DexCom Store will be heard in the courts located in San Diego County, California.
24. SURVIVAL.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms of Sale.
25. SEVERABILITY.
If any court or relevant authority shall deem any provision of these Terms of Sale to be invalid, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions and the remainder of these Terms of Sale shall continue to be fully enforceable.
26. EXPORT CONTROL.
The Stelo App may be subject to United States export control laws. Accordingly, you represent, warrant, and covenant that you are not: (a) located in, or a resident or a national of, any country subject to a United States government embargo or other restriction or any country that has been designated by the United States government as a "terrorist supporting" country (click here for more information); and (b) on any of the United States government lists of restricted end users (for example, including the “Specially Designated Nationals” list available here).
27. FORWARD-LOOKING STATEMENTS.
Stelo Products or the DexCom Store may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, and subject to the safe harbor created by the Securities Litigation Reform Act of 1995. Such statements include declarations regarding DexCom's intent, belief, or current expectations and those of DexCom's management. Any such forward-looking statements are not guarantees of future performance and involve a number of risks, uncertainties and other factors, some of which are beyond DexCom's control; actual results could differ materially from those indicated by such forward-looking statements. Important factors that could cause actual results to differ materially from those indicated by such forward-looking statements include: (a) that the information is of a preliminary nature and may be subject to further adjustment; (b) those risks and uncertainties identified as "risk factors" in our Annual Report on Form 10-K; and (c) the other risks detailed from time-to-time in our reports and registration statements filed with the Securities and Exchange Commission. Except as required by applicable law, we undertake no obligation to revise or update publicly any forward-looking statements, whether as a result of new information, future events or otherwise.