Welcome to our Community!
Blue Cross and Blue Shield of New Mexico (“BCBSNM”), a Division of Health Care Service Corporation, a Mutual Legal Reserve Company, an Independent Licensee of the Blue Cross and Blue Shield Association, offers Online Community Connect (“OCC”), a secure online community for individuals and BCBSNM to share information about health care. OCC is hosted and powered by Telligent® (“Telligent”), an operating division of Verint Americas Inc. (“Verint”).

We want you to have an understanding of the Terms of Use and Privacy Statement applicable to OCC. Please read these terms in their entirety, since they constitute a binding agreement between you, us and our licensors. Each paragraph provision contained in these terms is vitally important and requires your agreement and compliance.

Be sure to read each of the following sections using the following quick links listed below.

Your Responsibilities
Our Responsibilities
Community Privacy Statement
Data Security and Third-Party Links
Community Content and Website Information
Miscellaneous
Contact Us

Your Responsibilities as a User of the Community
You agree to:

• Act responsibly, use common sense and post information thoughtfully. You agree to be entirely responsible for your posts and any consequences of doing so.
• Be truthful and provide accurate information about yourself. Only individuals 18 years or older may access and engage in the Community;
• Protect your unique identifier and/or password from any unauthorized use;
• Notify us immediately if you suspect or become aware of any unauthorized use or access to your account or any account-related security breach;
• Use OCC for personal or non-commercial purposes only; if you print pages from this website, you may only use them for your own personal use;

You agree not to:

• Act irresponsibly;
• Create multiple accounts and/or create an account for anyone other than yourself, unless you are a Legal Guardian, are authorized to do so under a Power of Attorney or have received other appropriate authorization to act on behalf of the member;
• Provide any false or inaccurate personal information (including a false User Name);
• Create a User Name that is the name of another person with the intent to impersonate that person or create a User Name that is offensive, vulgar or obscene or otherwise unlawful;
• Collect or store personal information about others;
• Transmit or disclose personal health information about yourself;
• Transmit or disclose information about another person without their consent;
• “Spam,” “Bomb” or “flame” the Community with inappropriate posts or harassing any other person;
• Post advertisements of any kind either directly or indirectly;
• Delete or revise any content on this website except your own information;
• Use any device or computer program that interferes or attempts to interfere with the proper operation of this website;
• Take any action that imposes an unreasonable load on the systems supporting this website;
• Attempt to disrupt, degrade, impair or violate the integrity or security of the infrastructure of this website (e.g., hacking, denial of service attacks), including any activity that precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of our IP space;
• Remove or obscure the copyright notice or other notices displayed on the content and/or frame our name or any content, trademark, logo or trademarks in any meta-tags or other hidden text, or other proprietary information on this website;
• Copy, reprint, modify, lease, distribute, assign, sell content, license, reverse engineer, create derivative works or take other actions that may be prohibited by the Federal regulation known commonly as the “Copyright Act” using information or content retrieved from this website or any of the third-party websites we may provide links to;
• Use this website in a manner that may adversely affect this website’s resources or its availability to others, or that violates any applicable law.
• Community privileges are dependent on users consenting to adhere to these guidelines. Both BCBSNM and Verint rely on your good faith and judgment so if you choose to provide inaccurate or false information or fail to honor these responsibilities, we have the right to terminate or suspend your access to the Community.

Our Responsibilities
We agree to:

• Moderate the Community in any way we believe is appropriate which may include prescreening, revising, or removing of any content or posts. As stated above, we retain the right to terminate or suspend access to the community or website.
• Make reasonable efforts to present accurate information on this website; however it is possible that information found on this website may be out-of-date;
• Have security measures in place to protect against the loss, misuse, or alteration of information under our control;
• Continually evaluate new technologies intended to safeguard your information;
• Provide the content and information on this website on an "AS IS" and "AS AVAILABLE" basis, without any representations or warranties;
• Grant you a personal, non-transferable, non-exclusive limited license to access this website and to download and print a single copy of the content from this website solely for your personal, non-commercial use;
• Protect your online information according to applicable U.S. local, state and federal laws and our established company policies, standards and practices.

Community Privacy Statement
The Privacy Statement is part of the Terms of Use. The statement describes what information is collected and how we may use that information both for Registered and non-Registered users. This statement may change from time to time, so we encourage you to check periodically to learn about any updates. 

BCBSNM has contracted with Verint to provide the software as well as to host the OCC within their owned, operated and secure facilities. BCBSNM retains full administrative rights and control to the hosted environment and in that capacity is considered to be the primary system administrator. In that role, BCBSNM is responsible for all of the security related to this function. Since BCBSNM is the primary system administrator, Verint is not authorized to view, create, modify, or delete information within the Community without a specific request from BCBSNM except as allowed by law or in an emergency situation. For more information about Telligent, an operating division of Verint Americas Inc., please visit www.Telligent.com. 

Registered Users
Registered users are able to actively participate in the Community by providing comments and interacting with other registered users. During the registration process, you will be asked to provide certain personal information which includes your email address, name and zip code. BCBSNM will use this information in order to respond to a post and send you information about a service or resource that you have expressed an interest in. In addition, the demographic data allows us to better understand the needs and makeup of the Community. We use this information to tailor and create relevant information for our users. We may combine this information with other information that we may have about you for data analytics, marketing and reporting, but only as permitted by law.

Although you are encouraged to post questions and comments to the Community, you may also send us an email. Remember that email messages may pass through private and public networks with varying levels of security. Some networks may have taken steps to secure these transmissions while others have not which could affect the privacy and integrity of the information you send.

Registered and Non-Registered Users
We also collect electronic data about our Registered and Non-Registered users in order to provide a positive website experience, offer health care programs, products and services and report on user activity. The tools we use are listed below. Please be aware that none of these tools provide BCBSNM with the ability to read any data residing on your computer.

Cookies and tags are used on websites to gather information about how individuals use and navigate the website. Neither cookies nor tags can extract any personal information about you, nor can they read any data that resides on your personal computer or device. The data collected from these sources are used to recognize repeat users and track usage patterns. Specifically, we use “cookies,” which are small pieces of information sent by a web server and stored by a member’s web browser. Cookies allow the web server to maintain an active “session” with an individual user and track what tools users are accessing on the site.

The following are examples of how we use the information collected from these cookies and tags:

• Tracking resources and data accessed on the site
• Recording general site statistics and activity
• Troubleshooting website problems
• Tracking what tools users are accessing on the site

Data Security and Third-Party Links
Data Security
This website is protected by Transport Layer Security (TLS) technology, the leading security protocol for data transfer on the Internet. Even though there are many benefits to using this website, as with all electronic communications there are some risks which may include:

• Failure of hardware, software and/or Internet connections; we are not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software or any equipment used to access the Internet.
• No guarantee that the confidentiality or security of electronic transmissions via the Internet can be assured due to potentially unsecure computers and links. This could result in your data becoming lost or intercepted during transmission. Please use good judgment before deciding to send information via the Internet.

Data Retention and Destruction
BCBSNM complies with the laws and regulations related to both the length of time that we retain your electronic personal information and its proper destruction.

Third-Party Links
At certain places in the site, BCBSNM may provide links to other websites that we believe offer our customers useful services. Since these other websites are not under the control of BCBSNM, we cannot and do not make any representation or guarantee regarding these websites or their content. Providing these links does not constitute an endorsement by BCBSNM, nor can we take responsibility for the privacy or security policies and procedures of these websites. Therefore, you may want to review the privacy and security statements of these websites before providing any personal information.

Community Content and Website Information
The community is not intended to be a platform to sell products or services or to post advertisements or endorsements of any kind.

The Community and this website will contain information and opinions of the users which is intended solely as general information. Any medical and health-related information posted in the Community or on this website is intended to be general in nature and is not intended to be used for medical diagnosis or treatment.
Therefore, the information presented on this website is not a substitute for professional medical advice, diagnosis or treatment, nor is it intended to provide you with a specific diagnosis or treatment for a specific ailment. Information is made available to you at your request for educational and informational purposes and does not constitute the practice of medicine and/or as a substitute for consultation with your personal physician.

Telligent is an Internet service provider and neither BCBSNM nor Telligent furnishes or renders professional health care services or medical care.

Miscellaneous
Governing Law
These Terms of Use are governed exclusively by the laws of the State of Texas, without reference to its rules regarding choice of law.

Limitation of Liability
You agree that you use this website at your own risk. BCBSNM and Telligent have no liability for any damages (whether direct or indirect, special, incidental, consequential or punitive) incurred by you as a result of your use of this website or the information you receive from or submit to this website.

BCBSNM and Telligent shall have no liability whatsoever for failure of electronic or mechanical equipment or communication, telephone or other connection problems, computer viruses, unauthorized access or interception of data from this website, theft or errors.

In addition, if you request BCBSNM to send information via email or to your mobile device or to a registered account, you agree that you are using this service at your own risk. BCBSNM has no liability for any damages (whether direct or indirect, special, incidental, consequential or punitive) incurred by you as a result of your use of this functionality.

Ownership and Copyright Protection
All right, title and interest in the content (including software, text and images) and other intellectual property (including trademarks, service marks and copyrights) on this website are solely and exclusively the property of BCBSNM or Verint, and are protected by intellectual property laws. Blue Cross, Blue Shield and the Cross and Shield symbols are registered service marks of the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans. You acknowledge that content available through the website, including, without limitation, content of third parties is protected by copyright, trademark, patent or other intellectual proprietary rights and laws.

Dispute Resolution
All issues and questions between us and you, arising out of, relating to, or in connection with these Terms of Use, their interpretation, application, performance, nonperformance or breach, or any information received or otherwise relied on (collectively, "Dispute" or "Disputes") shall be resolved using alternative dispute resolution mechanisms as set forth in the Mediation/Arbitration Provisions delineated below.

Mediation/Arbitration Provisions

1. Initial Resolution by Meeting or Mediation of Dispute.

a. BCBSNM (the "Notice Party"), as the case may be, shall deliver written notice to the other party (the "Receiving Party"), via certified mail, return receipt requested, of the existence of a Dispute (the "Initial Notice"), as follows:

If to BCBSNM, Contact Us

If to Authorized User: At the last known address of record.

b. The Receiving Party has thirty (30) calendar days following the Notice Party's delivery of such notice to provide a prompt and effective remedy.

c. If the Receiving Party has failed to provide a prompt and effective remedy within thirty (30) calendar days following delivery of such notice, and the Receiving Party and Notice Party mutually agree that a meeting to attempt to resolve the Dispute would be advantageous, representatives of parties shall meet not later than thirty (30) calendar days after delivery of the Initial Notice in order to attempt to resolve the Dispute. Subsequent meetings may be held, upon mutual agreement of the parties.

d. If such a meeting has not been mutually agreed upon within thirty (30) calendar days of delivery of the Initial Notice, or if the Dispute has not been resolved within thirty (30) calendar days of commencement of any such meetings, the Notice Party shall submit the Dispute (the "Mediation Submission") to mediation by an organization or company specializing in providing neutral, third-party mediators. The mediation process shall be coordinated by the Notice Party with the mediator and shall be subject to the following agreed-upon conditions:

(i) The parties agree to participate in the mediation in good faith;

(ii) The parties agree to have present at the mediation one or more individuals with decision-making authority regarding the Dispute;

(iii) Either party may, at its option, be represented by counsel;

(iv) The mediation shall be conducted in English;

(v) The mediation shall be held at a mutually agreed upon venue location in or near Richardson, Texas, within sixty (60) days of the Mediation Submission, unless the parties mutually agree on a later date or an alternate venue location; and

(vi) The parties shall each bear their own costs and shall each pay one-half of the venue location fee and the mediator's fees and costs, unless the mediator subsequently determines that one party did not participate in the mediation in good faith, in which case that party shall pay all of the venue location fee and mediator's fees and costs.

2. Binding Arbitration.

a. Any Dispute or portion thereof that remains unresolved thirty (30) calendar days after a Submission, either BCBSNM or Authorized User, on Authorized User's own behalf and not as a representative of a purported class, shall submit the Disputes to final and binding arbitration (the "Arbitration Submission") under the commercial rules and regulations of the JAMS/Endispute, subject to the following:

(i) The arbitration shall be conducted by a single arbitrator selected by the parties from a list furnished by the JAMS/Endispute (the "Arbitrator"), provided that in the event of a conflict with the terms of these Mediation/Arbitration Provisions, the terms of these Mediation/Arbitration Provisions shall control. If the parties are unable to agree on such Arbitrator from the list, such Arbitrator shall be appointed by the JAMS/Endispute or in the alternative, each party shall select one arbitrator who, in turn, shall together select the Arbitrator who shall arbitrate the Dispute.

(ii) The Arbitrator shall be required to render a written decision resolving all Disputes with the reasons therefore, and designating one party as the "Prevailing Party" within sixty (60) days from the date of the Arbitration Submission.

(iii) The costs of arbitration, including the venue location fee, Arbitrator's fee and any reporting or other costs, but excluding lawyers', consultants' and witness fees, shall be borne by the non-Prevailing Party unless the Arbitrator subsequently determines as part of his or her award that such allocation is inequitable under the totality of the circumstances.

(iv) The arbitration hearing shall be conducted in English and held at a mutually agreed to venue location in or near Richardson, Texas, unless Authorized User mutually agrees to an alternate location.

(v) Except with respect to any Dispute or portion thereof involving actual or alleged violation of any intellectual property, the Arbitrator shall have not power to award (A) damages inconsistent with the Terms of Use; or (B) punitive damages or any other damages not measured by the Prevailing Party's actual damages, and the parties expressly waive their right to obtain such damages in arbitration or in any other forum.

(vi) Any determination by the Arbitrator with respect to any Dispute shall be final and binding on each party. Judgment upon the award of the Arbitrator may be entered in any court having competent jurisdiction thereof.

b. Authorized User acknowledges that these Mediation/Arbitration Provisions preclude Authorized User from filing an action at law or in equity and from having any Dispute covered by this agreement resolved by a judge or a jury. Authorized User further acknowledges that these Mediation/Arbitration Provisions preclude Authorized User from participating in a class action or class arbitration filed by any other Authorized User or any other plaintiff claiming to represent Authorized User or Authorized User's interest. Authorized User agrees to opt-out of any class action or class arbitration filed against BCBSNM that raises claims covered by these Mediation/Arbitration Provisions, including, but not limited to, class actions or class arbitrations that are currently pending.

c. Notwithstanding the foregoing, each of the parties hereto retains the right to seek judicial assistance to obtain interim measures of protection pending arbitration for alleged or imminent breaches of intellectual property rights, confidentiality restrictions or security obligations. In the event that either party seeks judicial assistance to obtain interim relief, or in the event that any dispute arises relating to arbitration, the sole jurisdiction and venue for such actions shall be the U.S. District Court, Northern District of Texas in Dallas, Texas, or if there is no federal jurisdiction, in the state courts located in Texas. Each of the parties to this Terms of Use hereby consents to exclusive personal jurisdiction, service of process and venue in the Texas courts for such interim measures of protection and for disputes relating to arbitration.

Text Messaging
BCBSNM Connect offers one-time text message programs as well as subscription text services on the short code is 33633. These text messages may be either transactional alerts or contain marketing content.

BCBSNM Connect offers these text programs to provide information or resource links on some of the following but not exclusive topics: health and fitness tips, member coverage, medication reminders, and health insurance education. Health related information provided is not meant to replace professional medical advice. Transactional information provided is valid only at the time the text message is sent and may change at a later time.

Our BCBSNM Connect Text Messaging, is accessible through our Connect blogging website, see below for more specific information.

Text Messaging Terms and Conditions:
 - BCBSNM Connect Short Code is 33633
 - BCBSNM Connect is supported by all major cellular network carriers
 - Message and data rates may apply
 - Message frequency is recurring and varies based on user subscriptions and account setup
 - You can opt-out of BCBSNM Connect Text Messaging (SMS) programs at any time by texting "STOP" to cancel. A confirmation message will be sent back to you.
 - To request support at any time, text "HELP" for help. For additional support, please call the customer service number on your member ID card.
 - Consent not a condition of purchase
 - Messages will be sent to the phone number provided

Contact Us
If you have questions or concerns or if you want to report any violations about these Terms of Use or inappropriate use of this website, please Contact Us. 

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