Terms of Use & Conditions

One-Time Purchase

You are purchasing a powerful glucose biosensor that tracks glucose 24/7 to reveal how food, exercise, and even sleep can affect your glucose–helping you become a healthier you. One box includes two sensors for up to a 30-day wear time.

The purchase you are making is at the lowest available advertised price for this device (excluding subscription purchases).

By making a one-time Glucose Biosensor purchase, you confirm and agree to the following:

You are 18 years of age or older, you are not using insulin, you are not on dialysis, and you have never had hypoglycemia (low blood glucose).
CGM Doctor is acting solely as reseller of the Stelo Glucose Biosensor, and is not acting as

a licensed medical provider, and that I have reviewed and agree with User Policy.

All purchases from CGM Doctor are final, and that there are no returns, refunds, or exchanges. Also, that CGM Doctor does not provide technical or other support services for this device and that all product support for this device is provided by the manufacturer, Dexcom.
You have reviewed the App Compatibility requirements. (Before you complete your purchase, please confirm that you have, at minimum, iOS 16.2 or Android 12 OS installed on your smartphone.)
You have reviewed and agree to the CGM Doctor Terms of Use and Privacy Policy.
You acknowledge and agree with all the above requirements, terms and policies (required to complete purchase).

User Policy

CGM Doctor is not acting as a licensed health care provider. As such CGM Doctor provides no medical diagnoses, treatment, or medical care, or medical advice. I acknowledge that this biosensor is not a replacement for ongoing medical care provided by a licensed medical professional, and I will not take action based on the output of this product without first consulting a medical professional licensed in my state. I agree that I will contact and utilize a licensed qualified medical professional to answer/address any questions related to the data provided by this device.

I also understand that the data provided by this biosensor must not be used for diagnosis or treatment of any disease, including but not limited to any condition relating to high or low blood glucose. I agree that I am solely responsible to obtain the advice of a medical professional regarding any questions I have as a result of the use of this product, including to obtain proper treatment for any actual or potential acute or chronic medical conditions.

Terms of Sale

These Terms of Sale are a legal contract between CGM Doctor (“we”, “us” or “CGM Doctor”)
and you and govern your purchase and your use of any purchased products and services, including any device, accessories, subscriptions, or any other products that you purchase from CGM Doctor.

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PURCHASING ANY PRODUCT AS THESE TERMS OF SALE AFFECT YOUR LEGAL RIGHTS. BY PLACING AN ORDER FOR OR USING ANY PRODUCT, 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 THIS PRODUCT. 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 THIS PRODUCT OR USE IT.

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 any purchased product from CGM Doctor.

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 a product in case there are any changes.

1.3 Additional Terms. The use of products sold by CGM Doctor are also subject to additional terms of use, such as our privacy policy and other policies as noted on our website. In the event of a conflict between these Terms of Sale or other additional terms that you may be subject to in the process of signing up or logging into your account or making a purchase, the Terms of Sale will govern the Order and use of the product(s) purchased. By placing an order you are agreeing and accepting these Terms of Sale, and any additional terms of sale posted on this website, and also consent to our practices as set forth in our Privacy Policy.

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 of this product, you will be required to download the mobile application from third party app stores. These Terms of Sale and the App Terms of Use shall apply to the product(s) you are purchasing.

1.4 Third Party Terms. The manufacturer of the medical device may require the use of software, data, or other items licensed 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 or which are otherwise provided or made available to you, as they are amended from time to time.

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

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. We 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. This e-mail constitutes a confirmation that CGM Doctor 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 CGM Doctor but constitutes an offer from you to purchase the applicable product in consideration for payment of the applicable purchase price. All Orders must then be formally accepted by CGM Doctor. CGM Doctor’s acceptance of your Order takes place when the ordered product is shipped to you. CGM Doctor 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 CGM Doctor 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, and the Privacy Policy for your records. Any confirmation e-mail you receive from CGM Doctor will serve as a receipt and Order record.

2.4. Order Fulfillment. CGM Doctor 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 CGM Doctor’s ability to sell and fulfill Orders is subject to (a) item availability, (b) accuracy of the information that you provide, and (c) CGM Doctor’s sole discretion in managing inventory. CGM Doctor 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 CGM Doctor 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 item purchased and meets all the necessary technical specifications to enable you to successfully use the device. In order to complete your purchase, it is required 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 our website and the product purchased, which includes adding items to your shopping cart and submitting your Order.

3. NO PURCHASES FOR RESALE; NO PURCHASE OR USE FOR RESEARCH

The Products sold to you are provided solely for the personal use and benefit of end user consumers and any purchase for resale is strictly prohibited. By placing your Order or making a purchase, you agree that you are purchasing the product for personal use only and not for resale. Accordingly, if CGM Doctor determines or has reason to believe, in its sole discretion, that you have placed an Order or made a purchase of a product 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), CGM Doctor reserves the right, in its sole discretion, and as it relates to such purchase or Order to: (a) suspend the application of any 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, or close any account, as such may relate or pertain to you.

The products sold to you or purchased by you are provided solely for personal use. Purchase or use of products for research use, including clinical research, market research, engineering studies or other testing is prohibited. By placing your Order or making a purchase, you agree that you are purchasing the product for personal use only and not for research use. Accordingly, if CGM Doctor determines or has reason to believe, in its sole discretion, that you have placed an Order or made a 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), CGM Doctor reserves the right, in its sole discretion, and as it relates to such purchase or Order to: (a) suspend the application of any 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 the CGM Doctor website, suspend or close any account, as such may relate or pertain to you.

4. PRICES

4.1. The price that is payable for 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 CGM Doctor Website 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.

4.2. Applicable sales tax will be added to the base price of the Product.

4.3. All prices displayed on the screen 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, but we do not warrant that such specifications, pricing, or other content in the is complete, accurate, reliable, consistent, current, or error-free. In the event of a good faith error, whether on the website, in an Order confirmation, in processing an Order, when delivering a product or service or otherwise, CGM Doctor 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.

IMPORTANT: For all technical support or general product inquiries, please visit www.stelo.com/support.

5.2. Discounts. CGM DOCTOR 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 yourself.

5.3. Technical Support: IMPORTANT: For all technical support or product inquiries, please visit www.stelo.com/support.

CGM DOCTOR IS A RESELLER OF THIS PRODUCT, AND AS SUCH DOES NOT PROVIDE ANY TECHNICAL SUPPORT WHATSOEVER OF THIS PRODUCT. For all technical support or general product inquiries, please visit www.stelo.com/support.

6. DELIVERY

6.1. CGM Doctor will only deliver Products to end user customers located in the United States, 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 provided are non-binding estimates only and you have no claim against CGM Doctor for delays or early deliveries. Please note that CGM Doctor and/or its applicable third-party shipping and fulfillment provider may only ship Monday through Friday, excluding U.S. federal holidays.

6.2. Your Order will be delivered to the delivery address that you provided at the time you placed your Order. CGM Doctor = 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 CGM Docotor’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. Upon delivery, it is your duty to inspect the packaging and product for damage. If it appears that they are damaged, please do not accept the shipment and report the issue to Dexcom by opening a case with Stelobot (which is accessible via the Stelo Website, including at https://www.stelo.com).

6.3. In case CGM Doctor discovers that we can no longer deliver the Ordered Products, we will be entitled to terminate the Order. We 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 a fully paid product purchased from CGM Doctor passes to you upon our delivery of the relevant product to a common carrier (e.g., UPS, FedEx, USPS). As a result, CGM Doctor shall have no responsibility for the relevant Product once it is delivered to the carrier and you are responsible for filing any claims with carriers for damaged and/or lost shipments.

7. TERRITORY

Products will only be delivered 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 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 Products (or at the time the Order is placed (as applicable)), and all applicable fees related to your purchase. 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 the 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. Acceptable payment methods include debit or credit card, 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 may reject such payment. However, if CGM Doctor accepts such unauthorized payment method, CGM Doctor will not be liable for any loss of the payment or any other damages that may result from such action.

9.3. Payment Processing. CGM Doctor 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 CGM Doctor’s Privacy Policy and Web Terms of Use. You further agree and authorize CGM Doctor 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 we will deduct the pre-authorized amount from your account. By submitting an Order, 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 CGM Doctor 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 order, free of charge and without providing a reason, within thirty (30) minutes from the time the Order was placed, via the link provided in your Order confirmation. If you do not cancel an Order within thirty (30) 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” or "Shipped" cannot be cancelled.

11. DISCLAIMER OF WARRANTIES

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, THE PRODUCTS AND 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 THE 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) CGM DOCTOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT; (2) CGM DOCOTOR FURTHER DISCLAIMS ANY WARRANTIES EXPRESS OR IMPLIED AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT INCLUDING PRICING AND QUANTITY; (3) CGM DOCTOR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION POSTED ON OUR WEBSITE IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE WEBSITE 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.

CGM DOCTOR DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS. CGM DOCOTOR 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. CGM DOCOTOR DOES NOT WARRANT ANY THIRD-PARTY DEVICE, SMART DEVICE, SOFTWARE, SERVICE OR DATA THAT YOU MAY USE IN CONNECTION WITH THE PRODUCT, WHETHER OR NOT SUCH THIRD-PARTY ITEM IS DESCRIBED IN, OR AVAILABLE OR CAN BE CONNECTED TO THROUGH, ANY PRODUCT. NO INFORMATION OR COMMUNICATIONS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE PRODUCTS WILL CREATE ANY WARRANTY, EXCEPT FOR ANY LIMITED WARRANTY INCLUDED IN THE APPLICABLE PRODUCT'S LABELING. CGM DOCTOR DOES NOT WARRANT THE ACCURACY OF ANY USER DEVICE, AND THE USER DATA UPLOADED FROM ANY USER DEVICE IS PROVIDED TO THE USER "AS-IS." CGM DOCTOR DOES NOT ASSUME ANY OBLIGATION TO, AND DOES NOT WARRANT THAT IT WILL, CREATE OR INCLUDE ADDITIONAL FEATURES OR FUNCTIONALITY FOR PRODUCTS, OR APPS. EXCEPT TO THE EXTENT INCLUDED IN ANY PRODUCT LABELING, AND WITHOUT LIMITING YOUR RIGHTS UNDER APPLICABLE LAW, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCTS, OR APPS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THEIR USE.

YOU ACKNOWLEDGE THAT CGM DOCTOR IS NOT ACTING AS A HEALTHCARE PROFESSIONAL, DOES NOT PROVIDE LICENSED MEDICAL SERVICES, AND DOES NOT OFFER ANY LICENSED PROFESSIONAL MEDICAL SERVICES OR ADVICE, NOR DO WE VERIFY THE ACCURACY OF USER DATA. THE PRODUCTS ARE NOT REPLACEMENTS FOR ONGOING MEDICAL CARE PROVIDED BY A LICENSED MEDICAL PROFESSIONAL. THE GLUCOSE BIOSENSOR SYSTEM PROVIDED 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 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 PRODUCTS AND DATA SERVICES ARE INFORMATIONAL IN NATURE. YOU ACKNOWLEDGE THAT YOU WILL NOT TAKE MEDICAL ACTION BASED ON THE OUTPUT OF THE PRODUCTS, INCLUDING THE DATA COLLECTED FROM 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 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 OF PRODUCTS AND DATA SERVICES. THE USE OF 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 DIETARY OR 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 THIS PRODUCT IF YOU HAVE PROBLEMATIC HYPOGLYCEMIA. FAILURE TO USE THE PRODUCT AND ITS COMPONENTS ACCORDING TO THE INSTRUCTIONS FOR USE 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 FINGERSTICK BLOOD GLUCOSE METER SHOULD BE UTILIZED 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 PRODUCTS AND/OR DATA SERVICES OR ANY INFORMATION RECEIVED FROM CGM DOCTOR, OR ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS OR SUPPLIERS IS SOLELY AT YOUR OWN RISK.

CGM DOCOTR 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 CGM Doctor 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 CGM DOCTOR 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 CGM Doctor or the product manufacturer.

13. INDEMNIFICATION

To the fullest extent permissible by applicable law, you agree to indemnify, defend and hold harmless CGM Doctor, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including attorneys’ fees, arising from or relating to your use of the Products.

14. 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 PRODUCTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.

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 CGM DOCOTR’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.

15. 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.

16. INTEGRATION

You and CGM Doctor agree that these Terms of Sale are the complete and exclusive statement of the mutual understanding between you and CGM Doctor 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).

17. RIGHT TO ASSIGN

CGM Doctor 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.

18. NO WAIVER

CGM Doctor’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 CGM Doctor’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.

19. 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 Ohio, 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, any disputes relating to these Terms of Sale, the products or the website or other applicable disagreements will be heard in the courts located in Greene County, Ohio.

20. 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.

21. 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.