Terms of Use and Privacy Statement

Web and Mobile Terms of Use

Please read these Terms of Use in their entirety, since they constitute a binding agreement between you, us and our licensors. Each paragraph provision contained in these Terms of Use is vitally important and requires your agreement and compliance. They may be lengthy, but transparency is important and health care is highly regulated so many of these provisions may be legally required.

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

Introduction 
Your Responsibilities 
Our Responsibilities 
Online Security and Website Links 
Content and Website Information 
Miscellaneous 
Web and Mobile Privacy Statement 
Contact Us

Introduction

Blue Cross and Blue Shield of New Mexico ("BCBSNM", "us" or "we"), a Division of Health Care Service Corporation, a Mutual Legal Reserve Company, an Independent Licensee of the Blue Cross and Blue Shield Association, offers the Retail Shopping Cart, a valuable secure online tool that gives individuals the opportunity to shop and purchase BCBSNM health care plans and other products. It also provides additional services and information that you can use as you make decisions about your health care coverage needs and provides the ability to interact with a state or federal health care exchange or marketplace.

Your Responsibilities

You agree to:

• Act responsibly and be truthful and accurate about yourself and your dependents;

• Protect your unique identifier and/or password, as well as your account, from any unauthorized use;

• Notify us immediately if you discover any changes and modifications to your account that you did not authorize;

• Notify us immediately if you suspect or discover any use, access, or account-related security breach;

• Use Retail Shopping Cart for personal or non-commercial purposes only; if you print pages from this website, you may only use them for your own personal use;

• The requirement that you must be 18 years of age or older to use this website.

You agree not to:

• 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 information about another person or otherwise harass any other person;

• 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 operation of this website;

• Take any action that imposes an unreasonable load on the systems supporting this website, such as but not limited to data scraping;

• 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 BCBSNM's name or any BCBSNM 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.

BCBSNM has the right to discontinue your access to this website if you fail to honor your responsibilities as described in these Terms of Use.

Additional Responsibilities Related to Email and Mobile Use:

BCBSNM will protect data according to our Terms of Use and Privacy Statement, however, you are responsible for:

• Updating your information if you change devices or your phone number

• Activating security and privacy settings (for example, passwords and screen locking), and not allowing others access to your mobile device

• Being aware of potential risks with the use of these technologies;

• Understanding your mobile contract, associated wireless fees and mobile phone coverage in rural, urban and international areas

• Understanding additional data may be collected by your mobile network or other mobile applications

• Notifying your mobile service provider and BCBSNM if your phone is misplaced, stolen or lost

• All memory and data stored on your mobile phone

Our Responsibilities

We agree to:

• 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 BCBSNM content from this website solely for your personal, non-commercial use;

• Protect your online information according to applicable laws and our established company policies, standards and practices.

Online Security and Website Links

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.

Third-Party Websites or Resources

Retail Shopping Cart may contain links to other websites and/or resources hosted by independent third parties. At times, BCBSNM works with such third parties to create the content on these websites; at other times, a link to these websites is provided solely as a resource or convenience for our users. Since these third-party websites are not hosted or maintained by BCBSNM, we do not make any guarantees or warranties as to the validity or accuracy of the information posted on these websites, or for any products or services that may be available on these websites. As a result, you agree that BCBSNM has no liability for any damages you may incur as a result of your use of or the information you receive from or submit to these third-party websites.

The use of these third-party websites may subject the user to separate binding agreements, including terms of use and privacy statements, which can be found on the third-party website if applicable. Be sure to read these additional agreements and statements and have a working understanding of the terms.

Content and Website Information

Content on this website is not intended to replace or amend language for any contract or coverage that you may have with BCBSNM. You should always consult your plan documents and/or benefit brochure for details about what your health plan covers, as well as your rights and responsibilities under the plan. BCBSNM products are only available in New Mexico.

Miscellaneous

Governing Law

These Terms of Use and your access to Retail Shopping Cart are governed exclusively by the laws of the State of New Mexico, 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 its licensors 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 its licensors 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 your mobile device to your registered account, you agree that you are using this service at your own risk. BCBSNM and its licensors 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 functionality.

Spending Accounts

If you choose a plan that features a spending account (e.g., Health Savings Account (HSA), Health Care Account (HCA), Health Reimbursement Account (HRA), Flexible Spending Account (FSA), etc.), you acknowledge that these accounts may have certain tax and legal ramifications. No information posted on this website is intended to provide legal or tax advice, and nothing herein should be construed as legal or tax advice. You should seek advice based on your particular circumstances from an independent tax advisor or attorney regarding the tax consequences of specific health insurance plans or products.

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 its licensors, 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 relating or in connection to these Terms of Use between BCBSNM, our licensors and you, regarding 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. The Dispute Resolution terms described below apply only to your use of this website and are not applicable to the benefit rights you have under your health care plan.

Mediation/Arbitration Provisions

1. Initial Resolution by Meeting or Mediation of Dispute

Blue Cross and Blue Shield of New Mexico (BCBSNM) or Authorized User (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:

Blue Cross and Blue Shield of New Mexico
ATTN: Legal Department
5701 Balloon Fiesta Parkway NE
Albuquerque, NM 87113

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

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

b. 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 both 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 agreement of the parties.

c. 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 Albuquerque, NM, 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 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 Albuquerque, NM, unless BCBSNM and Authorized User mutually agree to an alternate location.

v. Except with respect to any Dispute or portion thereof involving actual or alleged violation of BCBSNM's or any of BCBSNM's supplier's intellectual property, the Arbitrator shall not have 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, District of New Mexico in Albuquerque, NM, or if there is no federal jurisdiction, in the state courts located in New Mexico. Each of the parties to this Terms of Use hereby consents to exclusive personal jurisdiction, service of process and venue in the New Mexico courts for such interim measures of protection and for disputes relating to arbitration.

Web and Mobile Privacy Statement

We know how important the security and privacy of data is to you. Therefore, please review the following statement which explains what data we collect, how we use the personal information you provide, and how we keep that information secure. "Personal information" refers to data that is unique to you such as name, birth date, address, email address, IP address, telephone number and other information that you may need to provide while on this website. If you encounter a screen or page that requests information you do not want to share with us, do not enter the information and do not proceed with that screen or page; however, if you do not provide all the required information your ability to apply and enroll in coverage may be affected.

Information Collected and Used

For purposes of this site, we collect and use the information you provide to process your application and enrollment. In addition, we may use the email or phone/text number that you provide to respond to your inquiry or to send you information about a service or resource that you expressed interest in. We will continue to send you information unless you request us to stop or opt out.

You may also decide to ask us questions or provide comments about this website or services offered by the website through email or text. We do share these messages with individuals in the organization who can appropriately respond; we may preserve the content of your message along with our response. At times, we may use a third-party vendor to determine if you open and use any information that we share via email, as well as to solicit your feedback through online surveys. Responding to these surveys is optional.

It is important to use good judgment when sending information to us via email or text. These 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.

We also collect electronic data about you 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

• Determine when and if a user completed a clinical assessment

• Evaluating and reporting on a user's activity or participation in a clinical management program that may be offered by your benefit plan

We may combine any of this information with other information that we have about you for data analytics, marketing and reporting, but only as permitted by law.

Data Security and Storage

BCBSNM adheres to accepted industry security standards that are designed to protect any non-public personal information on this website against accidental or unauthorized use, access or disclosure. The technology we use is specifically designed for web servers. All of your personal information resides in the United States of America in a secure database behind a firewall where it cannot be accessed without proper authorization. Transport Layer Security (TLS) technology encrypts your personal information as well as your health history if it is transmitted over the Internet. In addition, we periodically subject this website to simulated intrusion tests and have developed comprehensive disaster recovery plans.

You also have a responsibility in keeping the personal information that is available on Retail Shopping Cart secure by keeping your account name and password confidential. This will help prevent any potential unauthorized access to your account.

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.

Changes to the Terms of Use and Privacy Statement

BCBSNM may change this Terms of Use and Privacy Statement from time to time. When updates are made, the version date below will be updated to reflect that a revision has occurred. We encourage you to occasionally reread the Terms of Use and Privacy Statement to see if we made any changes.

Contact Us

If you have questions or need more information, please Contact Us.

RS 1.1-2021