Website Terms of Use
Terms of Condition and Use
Welcome to the Delta Dental Plan of New Mexico’s website. This website is maintained as a service to our customers. By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this website.
1. Agreement. This Terms of Use Agreement (“Agreement” or “Terms of Use”) specifies and describes the terms and conditions for your access to and use of our websites, including any websites owned, operated, or sponsored by any of our subsidiaries or affiliates (“Website”).
This Agreement may be modified at any time by Delta Dental Plan of New Mexico upon posting of the modified Agreement on the Website. Any such modifications shall be effective immediately. You can view the most recent version of the Agreement at any time at www.deltadentalnm.com. We may also add to or supersede certain provisions of this Agreement with other provisions, located in other parts of all of our websites.
Each use by you of our Website shall constitute and be deemed your unconditional acceptance of this Agreement. As such, by using our Website, you agree, without limit or qualification, to comply with and be bound by the terms and conditions of this Agreement. Review the terms and conditions of this Agreement carefully. If you do not agree to these terms and conditions, you should not use this website.
2. Privacy. Your visit to our website is also governed by our Online Privacy Policy. Please review our Online Privacy Policy at [link].
3. Ownership. All content on this Website is and shall continue to be the property of Delta Dental of New Mexico or its content suppliers, and is protected under applicable copyright, patent, trademark, and other proprietary rights. Under no circumstances shall you acquire any ownership rights or other interest in any content by or through your use of this Website.
4. Intended Audience. This Website is intended for adults only. This Website is not intended for any children under the age of 13.
5. Intellectual Property. All information and materials on this Website, unless otherwise noted, are protected as copyrights, trade dress, trade names, trademarks (registered or unregistered) and/or other intellectual property (including design logos or emblems) owned by us or by other parties that have licensed such rights to or from us (all such material collectively referred to as "Intellectual Property"). All rights reserved. Nothing contained in this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property displayed on this Website without our express written permission. Downloads, copies, or mirrors of this website are forbidden without prior written consent of Delta Dental of New Mexico with the limited exception of various forms and documents available in PDF format on this Website specifically designated for users.
6. Products and Services Offerings. Nothing in this Website should be construed as a solicitation or offer to purchase coverage, services, or products from Delta Dental of New Mexico or any of its affiliated companies. This Website may highlight our dental products and services. Any descriptions of our products or services on the Website are not intended as offers to sell or solicitations in connection with any dental product or service. Certain products and services may be offered only through employers or other plan sponsors. Specific products may not be available in both self-funded and insured forms. Covered services and benefits are provided under the terms of the applicable plan contract, including limitations and exclusions. Anyone interested in a particular product should contact Delta Dental of New Mexico to determine whether the product or service is available, and to request a copy of the applicable policy for a complete description of the product and/or service in question.
7. Site Use. Delta Dental of New Mexico grants you a limited, revocable, nonexclusive license to use this Website in accordance with this Agreement. The use of this Website is at the discretion of Delta Dental of New Mexico and Delta Dental of New Mexico may terminate your use of this Website at any time.
Any copying, redistribution, use, or publication by you of any content or any part of this Website is prohibited, except as expressly permitted in this Agreement. Materials from this Website may not be copied, distributed, republished, licensed, uploaded, posted, or transmitted in any way, without our prior written consent. However, you may download one copy of the materials on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices.
Your use of the materials included in this Website is for informational purposes only. You agree that you will not distribute, license, publish, transmit, modify, display, or create derivative works from or exploit the contents of this Website in any way. You agree to indemnify us for any and all unauthorized uses you may make of any materials on this Website. You acknowledge that the unauthorized use of the contents of this Website could cause irreparable harm to us, and that in the event of an unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity.
8. Compliance. You agree to comply with all applicable federal, state, and local laws regarding your use of the website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
9. Submissions. You agree that you will be solely responsible for the contents of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive, or obscene. You agree that you will not submit anything to this website that will violate any rights of any third party, including copyright, trademark, privacy, or other personal or proprietary right. Aside from the material transmitted to us through a secure connection, any communication or material you transmit to us by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes our property and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcasting, and posting. Furthermore, we will be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.
10. Electronic Communications. By signing up for any electronic communications through this Website, it is understood that you grant express permission to Delta Dental of New Mexico, or any agent acting on its behalf, to communicate with you through the e-mail address or phone number that you provide by means of individual or automatically generated email, person-to-person phone calls, automated phone calls, or auto-generated text messaging. Message and data rates may apply.
11. Disclaimers. We do not warrant or make any representations or claims concerning the validity, completeness, correctness, or currency of the information provided on this Website. Everything on this Website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Website or the servers that make it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials on this Website in terms of their correctness, accuracy, reliability, or otherwise. You agree to assume the entire cost of all necessary servicing, repair, or correction.
We have made reasonable efforts to present accurate content and information on our Website. However, additions, deletions, or changes may occur making it possible that the information found on this Website may be out-of-date. Further, the content and information on this Website is limited in nature and does not necessarily contain applicable terms, conditions, limitations, or exclusions of the products and services referenced.
Any medical and health-related information presented on this Website is general in nature, as we do not furnish or provide render professional dental services or medical care. As such, the content and information presented on this Website is not a substitute for professional dental advice, diagnosis, or treatment, nor is it intended to provide you with a specific diagnosis or treatment for a specific oral health condition. The content and information are made available to you for educational and informational purposes, neither constituting the practice of dental medicine, a substitution for consultation with your dental provider, nor an offer to sell or promote any product of service to non-New Mexico residents.
12. Third Party Links. Our Website may contain links to other websites or pages hosted by independent third parties ("Linked Sites"). From time-to-time, we may work with these independent third parties to create content on their websites or provide a link to their websites solely as a resource or convenience to our users.
As these Linked Sites are not hosted or maintained by us, 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. We do not endorse any of these Linked Sites and we are providing these Linked Sites only as a convenience to you. We disclaim all responsibility for the content in the Linked Sites. Accordingly, you agree that Delta Dental of New Mexico has no liability for any damages you may incur as a result of or the information you receive from or submit to these Linked Sites.
Be aware that you access the Linked Sites at your own risk. Know also that these Linked Sites may subject the user to separate binding agreements, including terms of use and privacy statements. You should read these additional agreements and statements to gain an understanding of their terms and conditions.
13. Limitation of Liability.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
WE SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE, THE MATERIALS IN THIS WEBSITE, EVEN IF WE, OR AN AUTHORIZED REPRESENTATIVE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
Some jurisdictions do not allow the exclusion or limitation of liability for special or consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
14. Use of Information. Delta Dental of New Mexico reserves the right and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Online Privacy Policy.
15. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, you may submit notice in writing under the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C.§512(c)(3)). To do so, you must provide a notice containing all of the following information to our Copyright Agent:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work that you claim has been infringed;
c) A description of where the material that you claim is infringing is located on the Site;\
d) Your address, phone number, and email address;
e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent to receive notifications of claimed infringement is:
Delta Dental of New Mexico
Attn: Compliance Officer
100 Sun Avenue, NE, Suite 400
Albuquerque, NM 87109
If you fail to meet all of the requirements, your DMCA notice may not be valid. Please be advised that under Section 512(f) of the DMCA, any person who knowingly reports falsely that material or activity is infringing may be held legally responsible.
16. Jurisdiction.
Use of this Website shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts of the State of New Mexico for any cause out of this Agreement. If a court deems any part of this Agreement invalid, the remaining parts shall remain in full force and effect. You agree to file any cause of action with respect to this Agreement and your rights and obligations in this State of New Mexico within one year after the cause of action. You agree that a cause of action filed after this date is barred.
This Website is controlled by us from our offices within the United States of America. We make no representation that materials or services provided for in this website are appropriate or available for use in other jurisdictions, or in all jurisdictions within the United States. Access to this Website from jurisdictions where such access is illegal is prohibited. If you choose to access this website from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. You may not use or export the materials in this web site in violation of U.S. export laws and regulations.
17. Waiver. The failure of Delta Dental of New Mexico to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Delta Dental of New Mexico must be in writing and singed by an authorized representative of Delta Dental of New Mexico.
18. Termination. Delta Dental of New Mexico may terminate this Agreement at any time, with or without notice, for any reasonable.
19. Relationship of the Parties. Nothing contained in this Agreement or your use of this Website shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contracts responsible for its own actions.
20. Entire Agreement. This Agreement constitutes the entire agreement between you and Delta Dental of New Mexico and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Delta Dental of New Mexico with respect to this website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Delta Dental of New Mexico may revise this Agreement at any time by updating this Agreement and posting it on the website. Accordingly, you should visit the website and review the Agreement periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Agreement signifies and confirms your acceptance of any such changes or amendments to the Agreement.
21. Questions or Concerns.
If you have any questions or comments about our website, please contact our Customer Service Team us as follows:
Delta Dental of New Mexico
Attn: Customer Service
100 Sun Avenue NE, Suite 400
Albuquerque, NM 87109
Email: customerservice@deltadentalnm.com
Phone: 877-395-9420 (toll free) or 505-855-7111
Website: www.deltadentalnm.com/Help/Contact-Us.aspx
22. Version Date
The Version Date of this Terms and Conditions of Use Agreement is June 30, 2023.