The MOGO Inc (MOGO) software application (MOGO Online) is offered to you subject to your acceptance of the Terms and Conditions contained herein.
YOUR USE OF THE SOFTWARE APPLICATION CONSITITUES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE THERMS AND CONDITIONS YOU MUST DISCONTINUE USE OF THE SOFTWARE APPLICATION.
Ownership and Software Application. All rights, title and interest in the software application is owned
by or licensed by MOGO, Inc. The materials provided on the software application
including, without limitation, all content, site design, text, graphics are protected by
copyright, trademark and other intellectual property laws. Any unauthorized use of the
materials is strictly prohibited.
Person and Non-Commercial Use Limitation. Unless otherwise specified, the software application
is for your personal and non-commercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, transfer or sell any information or services
obtained from the software application without the express written consent of MOGO, Inc.,
which consent shall be at MOGO, Inc. sole discretion.
Modifications of these Terms of Use. MOGO, Inc. reserves the right to amend these
terms and conditions at any time by posting the amended terms on the software app,
which posting shall constitute notice to you. Your continued use of the software app,
shall constitute your: (a) acknowledgement of the modified Terms and Conditions. All
amended terms and conditions, and (b) agreement to abide and be bound by the modified
Terms and Conditions. All amended terms and conditions will be effective 30 days after
amended notice at the time of their posting or communicated notice. If you do not
agree with the change, you should discontinue use of MOGO.
Disclaimer. YOUR USE OF THE SOFTWARE APP AND SERVICES AVAILABLE ON OR THROUGH THE SOFTWARE APP IS AT
YOUR OWN RISK AND THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS OF ANY DATA OR OTHER DAMAGES WHICH MAY ARISE
FROM THE USE OF THE SOFTWARE APP.
THE SOFTWARE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
MOGO, INC. ITS AFFILATED, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THAT THE SOFTWARE APP WILL BE UNINTERRUPTED,
SECURE, ERROR FREE, ACCURATE, COMPLETE OR CURRENT, NOR DOES MOGO, INC. MAKE ANY WARRANTY AS TO THE RESULTS WHICH MAY BE
OBTAINED FROM THE USE OF THE SOFTWARE APP OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED, THROUGH
THE SOFTWARE APP. ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHER OBTAINED THROUGH THE USE OF THE SOFTWARE APP
IS DONE AT YOUR OWN DISCRETION AND RISK. MOGO, INC DOES NOT WARRANT OR GUARENTEE SUCH MATERIALS AND/OR DATA ARE FREE
OF VIRUSES OR OTHER DESTRUCTIVE CODE THAT MAY DAMAGE OR INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. YOU WILL BE
SOLELY REPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADED AND/OR DOWNLOADING
SUCH MATERIAL AND/OR DATA.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN ILLINOIS, MOGO INC SHALL NOT
BE LIABILE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFIT, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SOFTWARE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE EVEN IF MOGO, INC. HAD BEEN ADVISED OF THE POSSIBLITY OF DAMAGES.
IF YOU ARE DISSATIFIED WITH ANY PORTION OF THE SOFTWARE APP, OR WITH ANY OF THESE TERMS AND CONDITIONS,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE APP.
Unlawful or Prohibited Use. As a condition of your use of the software app, you warrant to MOGO, Inc. you
will not use the software app for any purpose that is unlawful or prohibited by these Terms or Conditions.
You agree not to upload or otherwise transmit to or through the software app any material that:
(i) infringes on any rights of third parties; and/or (ii) contains any virus or other harmful code may
change or disrupt the software app or any other user’s equipment or software.
Links to Other Sites: The software app may contain links to other websites ("Linked Site") operated by
parties other than MOGO, Inc. Such linked sites are not under the control of MOGO, Inc. and MOGO, Inc.
is not responsible for the contents of any linked site. MOGO, Inc. is providing you with a link to the
linked sites as convenience and the inclusion of any such link does not imply endorsement by MOGO, Inc.
of the linked sites or any association with its operators.
Privacy Policy. Your use of the software app is also governed by MOGO, Inc. which provides information on
practices governing your collection, use and disclosure of personal information.
To comply with the HIPAA Security Rule, MOGO, Inc. will maintain the following:
Ensure the confidentiality, integrity, and availability of electronic protected health information as offered by your provider.
Detect and safeguard against anticipated threats to the security of the information.
Protect against anticipated impermissible uses or disclosures.
MOGO, Inc. uses cookies and other technologies (collectively "cookies") to recognize your device or
browser and provide services and features for purposes to include but not limited to recognizing when
you are signing in to use our services and features, prevent fraud, improve security, deliver information,
and reporting.
MOGO, Inc. cookies assist you in taking advantage of important features. If you choose to reject our cookies
you will not be able to use our website and/or some features may not function. You may manage your browser
cookies through your browser settings.
Electronic Communications. For information on the type of electronic communications,
including commercial electronic communications that you may receive from MOGO, Inc. and how you may
update or withdraw consent to receive such commercial electronic communications though your provider.
Indemnification. You agree to indemnify and hold MOGO, Inc., its subsidiaries, affiliates, directors,
officers and employees, harmless from all claims, liabilities, damages, losses, including reasonable
legal fees and expenses, due to or arising out of your use of the software app or your breach of these
Terms of Conditions.
Termination. Either you or MOGO, Inc. may terminate this relationship with or without cause at any time.
You agree that MOGO, Inc. may, in its sole discretion, terminate or suspend your access to all or part of
the software app for any reason, including, without limitation, breach of the Terms and Conditions. Any
suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and
such activity may be referred to appropriate law enforcement authorities. Should you object to the Terms
and conditions or any subsequent modifications thereto or become dissatisfied with the software app in
any way, your only recourse is to immediately discontinue your use of the software app.
MOGO, Inc. shall not be liable to you or any third party for any claims or damages arising out of any
termination or suspension.
Applicable Law and Governing Law. You agree to comply with all applicable laws and regulations.
These Terms and Conditions and all related transactions shall be governed by Illinois law, county
of DuPage.
Severability. In case any of the provisions of these Terms and Conditions shall for any reason be held to
be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect
any other provisions hereof, and these Terms and Conditions shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained herein.
Headings. The section headings used herein are for convenience of the reference only and do not form part
of these Terms and Conditions
Benefit of the Agreement. These Terms and Conditions are binding upon and shall insure to the benefit of
both parties and their respective successors, heirs, executors, administrators, personal representatives
and permitted assigns. You shall not assign or transfer your rights or obligations hereunder without MOGO,
Inc. prior written consent, which consent shall be MOGO, Inc. sole discretion.
MOGO, Inc 414 Plaza Dr, Ste 200 Westmont, IL 60559