TERMS AND CONDITIONS OF USE
The NewMexico Health Insurance Exchange, also known as beWellnm (hereinafter, “beWellnm”), and/or its partners, contactors or agents, operates or maintains multiple websites, including (but not necessarily limited to) www.beWellnm.com and www.getcovered.beWellnm.com (collectively, the “website”). By accessing or using the website, you acknowledge that you have read these Terms and Conditions of Use, understand them, and agree to be bound by them. If you do not agree with the Terms and Conditions of Use or are in any way dissatisfied with the website or its materials, your exclusive remedy is to discontinue using the website.
USE OF THE WEBSITE
Your access to and use of our website is governed by these Terms and Conditions of Use, and all applicable laws and regulations. You may access and use the website solely for lawful purposes. You may use the content on the website only in the form provided on or through the website, and solely for your own informational purposes. We reserve the right at any time and in its sole discretion to modify, suspend, or discontinue the website, or any portion thereof, with or without notice.
You may not use any content for any commercial purpose or charge a fee or other consideration in exchange for the content. You may not utilize the content to sell, advertise, endorse, or otherwise promote any other service, product, or party. All use of the content must be accompanied by an acknowledgment that the content is owned by beWellnm.
Certain portions of the website are limited to registered users. Your approval as a registered user is at the sole discretion of beWellnm. By registering, you agree that any information you provide will be complete and accurate.
In order to apply for health insurance online through beWellnm, you will have to create an online account. You agree to keep your account information and password confidential, and to notify beWellnm immediately of any actual or suspected unauthorized use of your account, at PrivacyOfficer@nmhix.com. You are solely responsible for all activities that occur through your account. BeWellnm will not be liable for any loss or damage resulting from your failure to safeguard your password and account.
The website and its contents, including, but not limited to, text, files, images, graphics, illustrations, audio, video, and photographs on or offered through the website are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights owned by or licensed to beWellnm or its agents, contractors, or other third parties who have granted rights to beWellnm.
Unless otherwise labeled, all trademarks, service marks, logos, banners, and page headers (collectively, “marks”) displayed on the website are the property of beWellnm or its partners, affiliates and licensors. Except as expressly set forth in this or another agreement, you may not display, link to, or otherwise use the marks without the prior written permission of beWellnm.
Our website includes links to third-party websites that are not operated by or under the control of beWellnm. We provide these links to users for their convenience. The inclusion of a link does not imply that beWellnm endorses or accepts any responsibility for the content, products or services on the linked site. If you access a third-party site from our website, you do so at your own risk. We encourage you to review any site’s policies before providing any personal information.
BeWellnm strives to maintain the highest accuracy of content on its website. Any errors or omissions should be reported for investigation. This site is provided by beWellnm “as is” and “as available” with no warranties whatsoever. BeWellnm makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this website and expressly disclaims liability for errors and omissions in the contents of this website. We do not warrant that access to this website or any of its content will be uninterrupted or error free, that defects will be corrected, or that this website will be free of viruses or other harmful components. BeWellnm disclaims all warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
LIMITATION OF LIABILITY
In no event will beWellnm or its officers, directors, employees or agents, be liable to you for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever, whether in contract, tort, or any other legal theory, arising out of your access to or use of the website or services offered through the website. or any other matter relating to your interaction with the website, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages.
You agree to defend, indemnify, and hold harmless beWellnm and all of its directors, officers, employees and agents from and against all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) arising from (i) your lawful or unlawful use of and access to the website and the materials and information contained therein; (ii) your violation or breach of any of these Terms and Conditions of Use; or (iii) your violation of any third-party right, including copyright, patent, trademark, property or privacy right.
BeWellnm reserves the right, at any time and without notice, to modify the website and these Terms and Conditions of Use, simply by posting any such modification on this website. The modification will be effective immediately upon posting. You agree to review the Terms and Conditions of Use periodically. By continuing to use this website after any such modification, you agree to accept any such modification. If you do not agree with the modified Terms and Conditions of Use, your only remedy is to discontinue using the website
These Terms and Conditions of Use set forth the entire understanding of the parties with regard to use of this website and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of these Terms and Conditions of Use. The waiver by beWellnm of a breach of any provision of this agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
Should any provision of these Terms and Conditions of Use be held invalid, unlawful, or for any reason unenforceable, then the invalid, unlawful, or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.
JURISDICTION AND VENUE
These Terms and Conditions of Use are governed by the laws of the State of New Mexico, without giving effect to any conflict of laws principles. By using this website, you consent to the jurisdiction and venue in the state and federal courts sitting in Santa Fe, New Mexico.