You may have recently been compelled to hit "CONTINUE" to clear (and thereby agree) to a Terms of Use and/or Privacy Policy pop-up on the official Dexcom app (with the only other option being 'uninstall if you do not agree'). Please be advised that this included the following text:
Note: these app terms of use contain a dispute resolution and arbitration provision, including class action waiver, that affects your rights under these app terms of use and with respect to disputes you may have with Dexcom. You may opt out of the dispute resolution, binding arbitration, and class action waiver as provided below
Effectively, this means that by clicking continue and using the app, you waive your right to sue Dexcom for any wrongdoing and that any dispute resolution must be done out of court.
You may still use the official app and opt-out within 30 days of clicking "CONTINUE" by emailing [legal@dexcom.com](mailto:legal@dexcom.com) with the following:
(1) your name; (2) your address; (3) a clear statement that you do not wish to resolve disputes with Dexcom 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 Provision will have no adverse effect on your relationship with us and will not affect in any way the benefits to which You would otherwise be entitled. 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.
I myself have sent this email out immediately, you may use this template below to draft your own email. I sent the email to both legal@dexcom.com and DexcomLegal@Dexcom.com (because both appear to exist) and CCed myself as well.
Please note that I am not a lawyer, I am simply notifying our community of this change and trying to make it easy to protect your rights following Dexcom's own instructions and providing an email template to do so. You remain responsible for notifying Dexcom and ensuring the email template doesn't contain anything you wouldn't want to communicate to Dexcom yourself.
Hello,
My name is <name> and I live at <adress with country>. I am a type <x> diabetic patient using the Dexcom G7 and received the notice in the app that the legal agreement has changed today. I clicked CONTINUE in order to use the app moving forward.
I am hereby providing a clear statement that I do not wish to resolve disputes with Dexcom through arbitration, as per the following text:
“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 APP TERMS OF USE (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing the following information to us at DexcomLegal@Dexcom.com: (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 Provision will have no adverse effect on your relationship with us and will not affect in any way the benefits to which You would otherwise be entitled. 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.”
I have sent a copy of this email through CC to myself as proof of providing you notice of my statement and sent this email to the two available email addresses that were disclosed in the notice and that I found online.
Thank you for your time.
Kind regards,
<name>