Terms and Conditions for Use

Thank you for using New Mexico Environment Department’s Open Data Portal (the “ODP”). The following terms and conditions of use (“Terms and Conditions of Use”, or “Terms”) apply to and govern the use of the ODP and access to all application programming interfaces (“APIs”) made available via the ODP, along with the storage of the registration credentials relating thereto. The ODP is a web-based application through which New Mexico Environment Department (“NMED”) makes available certain data services as a public service to registered users. By registering and creating an account on the ODP, you may access NMED ODP APIs, enroll applications to utilize NMED ODP APIs, and obtain information and access to New Mexico Environment Department Open Data Portal API offerings. Every API contained within the ODP is one which New Mexico Environment Department makes available to registered users, subject to the registration level of the users and the Terms below.

If there is a conflict between these terms and additional terms applicable to a given API, the additional terms will control for that conflict.

Definitions.
1. “Regulated Community User” means: any ODP registrant to New Mexico Environment Department’s Open Data Portal who is an employee or owner of a business or corporation whose typical business practices are in any way overseen, monitored, or regulated in an official capacity by any bureau or program that is part of the New Mexico Environment Department.
2. “Regulation Partner User” means: (i) any registrant to New Mexico Environment Department’s Open Data Portal who is an employee of a local, regional, state, or federal governmental body acting within the scope of their official duties; (ii) any registrant to New Mexico Environment Department’s Open Data Portal who is an employee of a non-profit environmental organization acting within the scope of their official duties.
3. “You”, “Your” or “Registrant” means: (i) any public API registrant to the New Mexico Environment Department’s Open Data Portal; (ii) any Regulated Community User of the New Mexico Environment Department’s Open Data Portal; (iii) any Regulation Partner User of the New Mexico Environment Department’s Open Data Portal.
4. “Published” means: any API made available to registered users of the NMED ODP.
5. New Mexico Environment Department’s ODP API Offerings are defined as one or more of the APIs exposed via this portal.1.2. Uses and Restrictions.
6. “Registered Applications”, or “Applications”, means software solutions registered with the ODP for access to one or more NMED APIs.
Accepting the Terms
1. By registering on, accessing or using the ODP and/or any ODP-published APIs, You agree to comply with the Terms, and that the Terms control your relationship with the New Mexico Environment Department. You are accepting and agreeing to these Terms and Conditions of Use and to any changes thereto that may become applicable in future.
2. If you or your organization is not an approved Registrant of the New Mexico Environment Department’s Open Data Portal, you may not attempt to access any of the APIs made available via the ODP. Read these Terms and Conditions of Use carefully before using the ODP and/or any ODP-published API.
3. You may not use the ODP, or the published APIs made available therein, and may not accept the Terms if you are a person barred from using or receiving the APIs under the applicable laws of New Mexico or the United States or other countries including the country in which you are resident or from which you use the APIs.
Entity Level Acceptance
1. If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “You” in the Terms refer to that entity).
Platform Usage
1. You may use the Open Data Portal only to:
2. Register as a user, to explore and test NMED OPD APIs accessible to that registration level.
3. Browse available API offerings.
4. Read API documentation.
5. Test API usage via the provided Open API Specification test harnesses.
6. Register Applications, to programmatically access NMED ODP APIs to which the user’s registration level is entitled.
7. Programmatically Utilize ODP APIs via registered applications.
Limitations
1. You must not attempt any of the below, under penalty of registration cancellation and/or temporary or permanent barring from the ODP:
  1. Violate, or encourage, or facilitate the violation of any aspect of the Terms.
  2. Use, display, mirror, or frame (including in meta-tags or hidden text) NMED websites, or any individual element of NMED websites, NMED’s name, trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without NMED’s express written consent.
  3. Use NMED API data for any purpose illegal under the applicable laws of New Mexico or the United States or other countries including the country in which you are resident or from which you use the APIs.
  4. Make any representations to Your customers or third parties regarding any relationship with NMED, beyond that of the consumption of NMED API data, without the prior written approval of NMED.
  5. Attempt to bypass security restrictions in an effort to utilize or invoke an NMED ODP API without Application Registration.
2. NMED may, at its discretion, limit the number of calls accepted by any given ODP API, to whatever level NMED deems necessary, if NMED believes that the number of calls to the NMED API may negatively impact the ODP API, the ODP, or NMED.
3. NMED may enact such limitation at any time necessary to prevent any negative impacts as described above, without any prior notification to the registered user.
Registration
1. Registration is required to access or utilize any NMED ODP API.
2. In order to access certain APIs, you will be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. You are required to ensure that any registration information You give to NMED will always be accurate and up to date and that You will inform us promptly of any updates.
3. To programmatically utilize NMED ODP APIs, you must register each application that will be invoking such programmatic access.
4. Each registered application is required to utilize the security key provided during the application registration process, as part of the API invocation for every API call that the registered application makes to the API after registration, for purposes of API call authentication.
  1. Any attempt to bypass or circumvent the use of this security key to invoke an NMED OPD API is a violation of these Terms.
License.
1. Subject to the terms and conditions herein, NMED hereby grants You a limited, non-transferable, and nonexclusive license, subject to the restrictions set forth below, to access and use APIs published via the ODP, solely for use with NMED’s ODP Offerings in the scope of and in accordance with these Terms and Conditions of Use.
  1. Use of the ODP and the API for any other purpose is prohibited without the express written permission of NMED.
Access and use of Your Account password.
1. Upon registration to the ODP, New Mexico Environment Department will send You a login email for setting a password for accessing Your account (“Password”).
2. Access to Your Account is limited to authorized Users only.
3. You agree that any failure of any Users to comply with the above will constitute a breach of these Terms and Conditions of Use, which may result in immediate termination of the license and Your Account.
4. You agree that Passwords are considered confidential and proprietary information of New Mexico Environment Department, may not be disclosed, nor transferred by You to any other party, and must otherwise be kept by You secured and confidential.
  1. You will immediately notify New Mexico Environment Department in writing of any change in authorization, any unauthorized use of Your Account and/or change in the Users or any account-related security breach of which You become aware. Registrant shall be solely responsible for any additions, changes and removals of Users made by Registrant and/or by Registrant’s Users.
  2. New Mexico Environment Department shall not be liable for Registrant’s damages caused by any such additions, changes, and removals of Users or by the leak of Passwords or other login credentials to a third party due to reasons not attributable to New Mexico Environment Department.
Data Disclaimer
1. The data provided via NMED OPD APIs is presented as-is.
2. While NMED will make every effort to ensure the quality of ODP API-exposed data, NMED makes no claims or assertions regarding the accuracy, reliability, nor validity of this data.
3. The data provided via NMED OPD APIs to public registrants is under the public domain and is available for public use.
  1. Under no circumstances may this data be altered, distorted, or misrepresented in any way.
  2. Exceptions to (9).(c).(i). include reformatting, language translation, and numeric unit conversion of the API data for the sole purpose of improving clarity and/or readability for the benefit of the intended audience.
4. The data provided via NMED OPD APIs to Regulated Community and Regulation Partner registrants is considered privileged and confidential and must not be publicly disseminated without express prior written consent by NMED.
  1. Under no circumstances may this data be altered, distorted, or misrepresented in any way.
  2. Exceptions to (9).(d).(i). include reformatting, language translation, and numeric unit conversion of the API data for the sole purpose of improving clarity and/or readability for the benefit of the intended audience.
Disclaimer of Warranty.
1. Unless specifically agreed otherwise in writing between NMED and You, the NMED ODP platform and all NMED APIs exposed for use via the ODP are provided “as is”, to be used at your own risk, and without express or implied warranty or condition of any kind including, but not limited to, any warranties of merchantability, fitness for a particular purpose or non-infringement.
Copying and Reverse Engineering.
1. You agree that You will not remove any copyright notices, identification, or any other proprietary notices from, any of the software, copyrighted content and any proprietary information constituting the ODP and /or API.
2. You agree that You will make no attempt to copy or reverse-engineer any functional or cosmetic aspect of the NMED ODP nor any API contained therein, unless specifically agreed otherwise in writing between NMED and You beforehand.
Intellectual Property Rights.
1. You acknowledge and agree that these Terms and Conditions of Use are not intended to convey or transfer to you any intellectual property rights or to grant any licenses in or to any technology or intellectual property or content, other than as expressly provided herein. The content contained constituting the ODP and the API credentials, including, but are not limited to, NMED ODP API data or documentation, or any ODP text, graphics, designs, icons, audio or video clips and logos, is NMED’s proprietary information, protected by copyright, trademark and/or other intellectual property rights, under US and international law.
Limitation of Liability.
1. Unless specifically agreed otherwise in writing between NMED and You, NMED shall not be liable to You or any other party for any indirect, special, incidental, or consequential damages, including, but not limited to, any amounts representing loss of profits, loss of business, loss of information or punitive damages accrued in connection with Your use of the ODP and/or the API. The above limitations shall apply to the fullest extent permitted by law.
Termination.
1. NMED may terminate these Terms at any time or suspend your access to NMED services if:
  1. You breach any provision of these Terms.
  2. NMED is required to do so by law.
  3. NMED ceases to offer any services covered by these Terms.
  4. For any other reason at NMED’s sole discretion.
2. You may terminate these Terms at your convenience by stopping all use, operation, support, promotion, and distribution of all Your NMED ODP APIs, the set of which are defined by those assigned to Your Registered Applications.
3. Upon suspension or termination of registered ODP access for any reason, New Mexico Environment Department will have the right to disable and delete Your User’s access immediately and to delete all Your Application Registrations thirty (30) days after termination or expiration of the registered ODP access.
Modification.
1. NMED may revise these Terms from time to time and the most current version will always be posted on the ODP. By continuing to access or use the ODP after revisions become effective, you agree to be bound by the revised ODP Terms. If you do not agree to the new Terms, please stop using the ODP and cease all use, operation, support, promotion, and distribution of all of Your NMED ODP APIs, the set of which are defined by those NMED ODP APIs assigned to Your Registered Applications.
Privacy.
1. Information submitted by You or collected on Your behalf in connection with the use of the ODP and API is subject to the terms of our Privacy Policy. NMED may suspend providing API access without liability to You or the Users if NMED believes, in its sole discretion, that the receipt or processing of any of Your data via the API or that Your account or Your application registrations in the ODP violate any applicable privacy & data security laws or otherwise may result in liability for NMED or any of its respective Registrants.
2. These Terms and Conditions of Use and/or New Mexico Environment Department’s Privacy Policy may change from time to time at the sole discretion of New Mexico Environment Department and will become binding immediately upon posting.
Governing Law and Forum.
1. Unless specifically agreed otherwise in writing between New Mexico Environment Department and You, these Terms and Condition of Use shall be governed and construed in accordance with the substantive laws of, and venue will be located in, the State of New Mexico, United States of America.