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Conditions of Use
The MOGO Inc (MOGO) mobile application (Patient Portal) is offered to you subject to your acceptance of the Terms and Conditions contained herein.
YOUR USE OF THE MOBILE 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 MOBILE APPLICATION.
Ownership and Mobile Application. All rights, title and interest in the mobile application is owned by or licensed by MOGO, Inc. The materials provided on the mobile 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 mobile 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 mobile 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 mobile app, which posting shall constitute notice to
you. Your continued use of the mobile 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 from
the time of their posting. If you do not agree with the change, you should discontinue use of MOGO.
Disclaimer. YOUR USE OF THE MOBILE APP AND SERVICES AVAILABLE ON OR THROUGH THE MOBILE APP IS AT YOUR OWN RISK AND THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS OF ANY DATA
OR OTHER DAMAGES THAT MAY ARISE FROM THE USE OF THE MOBILE APP.
THE MOBILE 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 MOBILE 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 MOBILE APP OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION CONTAINED, THROUGH THE MOBILE APP. ANY MATERIAL AND/OR DATA UPLOADED,
DOWNLOADED OR OTHER OBTAINED THROUGH THE USE OF THE MOBILE APP IS DONE AT YOUR OWN DISCREDTION 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 MOBILE 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 MOBILE APP, OR WITH ANY OF THESE TERMS AND CONDITIONS,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MOBILE APP.
Unlawful or Prohibited Use. As a condition of your use of the mobile app, you warrant to MOGO,
Inc. you will not use the mobile 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 mobile 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 mobile app or any other user’s equipment or software.
Links to Other Sites: The mobile 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 mobile 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.
Cookies
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 too; 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 mobile 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 mobile 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 mobile app in any way, your only recourse is to immediately discontinue your
use of the mobile 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 ensure 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