Terms

These Terms of Use govern your access to and use of the Dexcom, Inc. (Dexcom) website (the "Site" and the mobile application (the "App"), and any information, text, graphics, documents, collateral, or other materials appearing on the Site or the App. By using the Site or the App, you agree to be bound by these Terms of Use.

We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the Site or App. By using the Site or App, it means you accept the most recent version of the Terms of Use.

Overview

The Site and App are designed to provide general information about Dexcom and its products and services. Nothing contained on the Site or App are intended to offer medical advice for the treatment of illness or disease, or to be a substitute for professional medical advice, diagnosis, or treatment. Specific questions pertaining to your medical condition and appropriate treatment should be directed to your physician or another healthcare professional. You should never disregard professional medical advice or delay seeking medical advice because of something you have read on the Site or App.

In addition, nothing presented here is intended to provide instructions on the use of Dexcom's products. For specific information and instructions regarding Dexcom’s products, please refer to the directions for use supplied with each product.

THE INFORMATION PROVIDED ON THE WEBSITE OR APP IS INTENDED AND RELEVANT FOR UNITED STATES RESIDENTS ONLY. Countries outside of the United States may have different regulatory requirements and review practices that may require referencing different information.

Government Regulations

Our prescription products used by healthcare professionals are regulated by government agencies such as the U.S. Food and Drug Administration (FDA). The FDA issues regulations that restrict the prescribing information that can be disclosed to the public. The Site or App contains information about products that may or may not be available in any particular country, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Nothing contained in the Site and App should be construed as a promotion or solicitation for any product or for the use of any product in a particular way that is not authorized by any relevant law or regulation. Specific questions about the availability and use of products described on the Site and App should be directed to Dexcom.

Dexcom Copyrights and Trademarks

The materials on the Site and App belong to or are licensed to Dexcom. The materials are protected by United States and foreign copyright laws. There are some important rules about copying these materials. You may email, download, or print copies of the materials on the Site or App, but only for your personal, noncommercial use. When you email, download, or print a copy of the materials on the Site or App, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.

Unless otherwise noted, you should assume all names, logos and trade dress used in connection with our products and services on the Site and App, whether or not appearing in large print or with a trademark symbol, are property of Dexcom and protected by United States and foreign trademark laws. Registered United States trademarks owned by Dexcom include, but are not limited to, DEXCOM, SEVEN, STS, BETWEEN THE LINES, STAY BETWEEN THE LINES, TAKE CONTROL — LIVE UNINTERRUPTED, LIVE UNINTERRUPTED, DEXCOM DM, DEXCOM DATA MANAGER, THE GLUCOSE SENSOR COMPANY and OPENCHOICE. Registered Community Trade Marks owned by Dexcom include, but are not limited to, DEXCOM, SEVEN, STS, OPENCHOICE, SENSYNC and GPS. Registered Japanese trademarks owned by Dexcom include, but are not limited to, DEXCOM and STS. Without Dexcom's prior permission, you agree not to display or use in any manner any of our trademarks, logos or trade dress. Other product and company names mentioned on the Site or App may be trademarks of their respective owners.If you use the materials or trademarks on the Site or App in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the Site or App. Title to the materials remains with us or with the authors of the materials contained on the Site or App. All rights not expressly granted are reserved.

Communications with Dexcom

While we are pleased to receive feedback, comments and ideas from visitors to the Site or App, we want you to understand that any information that you submit through the Site or App will be considered non-personal, non-confidential, and non-proprietary. If you transmit any ideas, information, concepts, know-how or techniques or materials to us, through the Site or App or otherwise, you hereby grant Dexcom an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Dexcom is free to use them for any purpose, including developing, manufacturing, and/or marketing goods or services.

Links to Third-Party Sites

The Site or App may contain links to other websites ("Linked Sites"). The Linked Sites are not under our control, and we are not responsible or liable for the availability, accuracy, or content of any Linked Sites. We are providing Linked Sites to you only as a convenience, and the inclusion of such Linked Sites is not an endorsement of any company offering products or services on the Linked Site.

Links to the Site or App

You are hereby granted a non-exclusive, limited, and revocable license to link to the Site or App. Dexcom reserves the right to revoke this license generally, or your right to use specific links, at any time. If Dexcom revokes this license, you agree to remove and disable any and all of your links to the Site or App immediately.

You agree not to present the link to the Site or App in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you "frame" the Site or App or any of its content or copy portions of the Site or App to a server.

No Warranties

ALL MATERIALS ON THE WEBSITE AND APP ARE PROVIDED TO YOU ON AN AS IS, AS AVAILABLE BASIS. DEXCOM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DEXCOM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, USEFULNESS OR RELIABILITY OF ANY MATERIALS AVAILABLE THROUGH THE WEBSITE AND APP.

DEXCOM MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE AND APP WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE OR APP IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

Limitation of Liability

YOU AGREE THAT NEITHER DEXCOM NOR ANY PERSON OR COMPANY ASSOCIATED WITH DEXCOM SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE AND APP OR THE MATERIALS ON THE SITE AND APP. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS DEXCOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, EVEN IF DEXCOM OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF DEXCOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL DEXCOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE, APP, OR MATERIALS ARE EXCLUDED EVEN IF DEXCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You expressly agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California in all disputes arising from or relating to the use of the Site or App.

Miscellaneous Additional Terms

These Terms of Use are the entire and exclusive agreement between Dexcom and you regarding the Site and App and materials it contains and supersede and replace any prior agreements, written or oral, between Dexcom and you regarding the Site or App and the materials it contains, including the Terms of Use from any prior visit to the Site and App, if different.

If any portion of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

If we fail to enforce any provisions of these Terms of Use statement or fail to respond to a breach by you or other parties, that does not mean we have in any way waived our right to enforce subsequently any terms or conditions of this statement or to act with respect to similar breaches.

If you violate these Terms of Use in a way that causes harm to others, you agree to indemnify and hold Dexcom harmless against any liability for that harm.

Your obligations under this section and the sections called "Communications with Dexcom," "No Warranties" and "Limitation of Liability" will survive termination of these Terms of Use. Shipping terms are FOB shipping point/FCA Shipping Point (Incoterms 2000), Dexcom's production facility.