IMPORTANT TERMS AND CONDITIONS-PLEASE REVIEW
Please review the terms and conditions required for the Dexcom Hospital Staff Ordering Portal Program. You must accept the following terms and conditions from Dexcom, Inc. (collectively, “Dexcom,” we,” “our” or “us”) in order to participate in this program.
This registration creates an electronic signature. This electronic signature is the legal and binding equivalent of a handwritten signature. You certify that you are 18 years of age or older and authorized to make this signatory. *
You are required to create a Password and PIN to participate in this program. You will be prompted to create these credentials during registration. *
You certify that you have authority to order to samples under this program on behalf of the medical facility associated with your practice.
You certify that the shipping address that you have provided is a business address of a medical facility associated with your practice and is not a home address.
You certify that samples received through this program will be handled and stored in accordance with Dexcom’s Quality Assurance Policy.
You will take necessary precautions to safeguard your user credentials and account against unauthorized access, disclosure, alteration, and destruction and keep my program password and PIN confidential. You are responsible for sample requests made through your account. You agree to promptly notify Dexcom at dexcom@hibbertgroup.com if you believe your account information has become compromised for any reason. *
You certify and agree that samples received through this program may never be sold, traded, bartered, returned for credit or utilized to seek reimbursement from any third party payer. *
Samples provided through this program are for the benefit of patients and cannot be sold, bartered, returned for credit or billed to the patient, the patient’s insurer or any government healthcare program and must also be reported on any cost report or as otherwise required. *
You understand that if you have questions concerning the samples received through this program that you will contact Dexcom at: 1-844-607-8398.
You understand and agree to receiving system generated emails regarding orders placed on this site. *
You understand that Dexcom may update these terms and conditions by notifying you of such changes by any reasonable means, including by posting a notice of new terms to the Dexcom Hospital Staff Ordering Portal. Your clicking "accept" to the new terms or your continued use of the Dexcom Hospital Staff Ordering Portal, for seven (7) days without objecting to the new terms, after any such change is acceptance of the new terms. Any such changes will not apply to any dispute between you and us arising prior to the date on which we notified you of the revised terms and conditions incorporating such changes. If you do not agree with the new terms, you have the right to discontinue your use of the Dexcom Hospital Staff Ordering Portal.
You understand that to the extent permitted by applicable law, Dexcom can suspend or terminate access to the Dexcom Hospital Staff Ordering Portal, as it determines for any valid reason. By way of example, we may suspend or terminate access to the Dexcom Hospital Staff Ordering Portal if you have, or if we reasonably believe you have, violated these terms and conditions, or in connection with any event or legal development beyond our control that hinders or prevents our ability to offer the Dexcom Hospital Staff Ordering Portal. To the extent reasonable, we will notify you at least twenty-four (24) hours in advance of any such suspension or termination. However, if you materially violate these terms and conditions (including any use of the Dexcom Hospital Staff Ordering Portal that exceeds or circumvents Dexcom's reasonable restrictions), we can immediately suspend or terminate your right to use the Dexcom Hospital Staff Ordering Portal. In addition, we have no obligation to continue operation of the Dexcom Hospital Staff Ordering Portal.
You understand that your name and sample activity through this account will be reported as required by applicable law. Once reported, this information may be made publicly available. *
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS DEXCOM HOSPITAL STAFF ORDER PORTAL PROGRAM OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND DEXCOM, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY (EACH, A "DISPUTE"), WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT DEXCOM AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS DEXCOM HOSPITAL STAFF ORDERING PORTAL PROGRAM WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU FURTHER AGREE THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND THAT YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES (CURRENTLY AVAILABLE HERE), AS AMENDED BY THESE TERMS AND CONDITIONS. THE ARBITRATOR WILL CONDUCT HEARINGS, IF ANY, BY TELECONFERENCE OR VIDEOCONFERENCE, RATHER THAN BY PERSONAL APPEARANCES, UNLESS THE ARBITRATOR DETERMINES UPON REQUEST BY YOU OR BY US THAT AN IN-PERSON HEARING IS APPROPRIATE. ANY IN-PERSON APPEARANCES WILL BE HELD AT A LOCATION WHICH IS REASONABLY CONVENIENT TO BOTH PARTIES WITH DUE CONSIDERATION OF THEIR ABILITY TO TRAVEL AND OTHER PERTINENT CIRCUMSTANCES. IF THE PARTIES ARE UNABLE TO AGREE ON A LOCATION, SUCH DETERMINATION SHOULD BE MADE BY THE AAA OR BY THE ARBITRATOR. THE ARBITRATOR'S DECISION WILL FOLLOW THE TERMS OF THIS DEXCOM HOSPITAL STAFF ORDERING PORTAL PROGRAM AND WILL BE FINAL AND BINDING. THE ARBITRATOR WILL HAVE AUTHORITY TO AWARD TEMPORARY, INTERIM OR PERMANENT INJUNCTIVE RELIEF OR RELIEF PROVIDING FOR SPECIFIC PERFORMANCE OF THIS DEXCOM HOSPITAL STAFF ORDERING PORTAL PROGRAM, BUT ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE INDIVIDUAL CLAIM BEFORE THE ARBITRATOR. THE AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED AND ENFORCED IN ANY COURT HAVING JURISDICTION THEREOF. NOTWITHSTANDING ANY OF THE FOREGOING, NOTHING IN THIS AGREEMENT WILL PRECLUDE YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE OR LOCAL AGENCIES AND, IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.
You certify that all information provided is accurate and true.*
By completing this registration, you request to participate in the Dexcom Hospital Staff Ordering Portal Sample Program. The information you provide will be shared by Dexcom with its agents and third parties involved in providing the program and to government authorities to fulfill applicable legal and regulatory obligations. At any time, your participation in this program can be terminated by emailing dexcom@hibbertgroup.com. All information provided above will be governed by the Privacy Policy available at www.URL-TBD/Privacy-Policy. By providing the information above and clicking on the below REGISTER button, you certify that you have read, understand, and agree to comply with all program terms and conditions and otherwise agree to always store, dispense, and dispose of samples in accordance with applicable law and Dexcom policy. *