Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE. This site is owned by MOGO Design, Inc. (MOGO). Your use of this website is subject not only to these Terms of Use, but also to this site's Privacy Policy, the terms of which are incorporated into these Terms of Use. By accessing and using MOGO's website (this "Site"), you acknowledge that you are at least 18 years of age (or have parental consent) and have read and accept (or have had your parent or legal guardian read and accept) these Terms of Use. If you or your parent or legal guardian, as applicable, do not agree to all of the terms and conditions of use, do not use this website. MOGO may modify the website and the rules and regulations governing its use at any time, and by continuing use of the web site after such changes are posted, you or your parent or legal guardian, as applicable, are deemed to have accepted those changes. You or your parent or legal guardian further agree that you or your parent or legal guardian, as applicable, accept any and all responsibility and liability related to the use of this web site. These Terms of Use constitute a binding legal agreement between you or your parent or legal guardian, as applicable, and MOGO Design, Inc. ("MOGO," "we," "us," and "our").

1. PURPOSE OF SITE. This Site is for information purposes only.

2. USE OF CONTENT; INTELLECTUAL PROPERTY. The content of this Site, including but not limited to the information, materials, images and product names (the "Content"), is protected under applicable copyright and trademark laws. Unless otherwise identified as being owned by another entity, all product names identified by ™ or © symbols are trademarks owned by or licensed to MOGO or its affiliates. The Content may not be copied, downloaded and stored in a retrieval system, modified, redistributed, or republished in any way, except that you may download one (1) copy of the Content for your personal informational and noncommercial use only, as long as all copies of the Content retain all copyright, trademark, and other proprietary notices and disclaimers. Nothing contained herein shall be construed as conferring to you by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other property of MOGO or any third party.

The information contained in each press release, if any, available on this Site was provided as of the date of such press release. MOGO assumes no obligation to update any information contained in such press release, whether to reflect events or circumstances subsequent to the date of such press release or otherwise.

3. HYPERLINK SITES. This Site may contain hypertext links to other web sites ("Hyperlink Sites"). Hyperlink Sites are not MOGO websites. If you access a Hyperlink Site you do so at your own risk. MOGO does not control or endorse any Hyperlink Site, including its content. MOGO makes no representations or warranties whatsoever as to a Hyperlink Site including but not limited to a Hyperlink Site's availability or its content. MOGO IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.

4. INFORMATION. Except as otherwise required under MOGO’s Privacy Policy, any information received by MOGO from third parties, in the form of questions, comments, suggestions or the like regarding the content of this publication or any other aspect of the business of MOGO shall be deemed to be non-confidential and MOGO shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. MOGO shall be free to use such information, including any ideas, concepts, know-how or techniques contained therein, for any purpose whatsoever including but not limited to researching, developing, manufacturing, selling and marketing products based upon or incorporating such information.

5. DISCLAIMER OF WARRANTY. THIS SITE IS PROVIDED BY MOGO ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THIS SITE IS AT YOUR OWN RISK. MOGO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS SITE (INCLUDING ITS AVAILABILITY) OR THE PRODUCTS, MATERIALS, OR CONTENT INCLUDED ON THIS SITE. FURTHER, MOGO EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE OR CORRECT INFORMATION CONTAINED ON THIS SITE AND EXPLICITLY DISCLAIMS ANY DUTY TO DO SO. MOGO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND AS SUCH YOU ASSUME FULL RESPONSIBILITY AND ALL RISKS ARISING FROM YOUR USE OF THIS SITE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MOGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

6. LIMITATION OF LIABILITY; INDEMNITY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOGO, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR A HYPERLINK SITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES IN ADVANCE. CERTAIN JURISDIMOGOONS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES. PLEASE CHECK IF SUCH LAWS APPLY TO YOU. You, or your parent or legal guardian, as applicable, agree to indemnify and hold MOGO, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you, or your parent or legal guardian, as applicable, of the Site or Content, including without limitation these Terms of Use.

7. MODIFICATIONS. MOGO reserves the right to modify this Site including its Content, policies, and Terms of Use at any time without prior notice to you.

8. SEVERABILITY. If any term or condition of these Terms of Use shall be deemed to be invalid, void, illegal, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.

9. GOVERNING LAW AND JURISDICTION. In the event of any dispute between you and MOGO or its affiliates arising under or from these Terms of Use or your use of this Site, such dispute shall be governed and construed under the laws of the State of Washington without regard to principles of conflict of laws. Furthermore you hereby agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington.

10. GENERAL. MOGO's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. These Terms of Use compose the entire agreement between you and MOGO and supersede all prior agreements between the parties regarding the subject matter contained herein.

11. QUESTIONS. Please direct any questions regarding these Terms of Use to info@getmogo.com

Privacy Policy

Online Privacy Policy

This site, located at www.getmogo.com, is owned by MOGO Design, Inc. ("MOGO"). This privacy policy ("Policy") applies to information you provide on this website. The Policy does not apply to information you may provide through other means, such as through email messages to us or over the telephone. Please read this Policy carefully, and share information with us only if you agree with these terms. Your use of this website is subject not only to this Policy, but also to this site's Terms of Use. By accessing and using our website, and by providing us with your information, you agree to be bound by this Policy.

Collection of Information.

MOGO respects the privacy of visitors to our website. MOGO will collect personally identifiable information, such as your name, e-mail address, address or telephone number, only when you voluntarily submit it to us at our website. MOGO and/or third parties with whom MOGO contracts will use your personally identifiable information to comply with your request for information or services. Your information will be used for the purposes for which you supplied it to us. From time to time, MOGO may refer to the submitted information to better understand your needs and how we can improve our products and services. We may also use that information to contact you. MOGO will not sell, trade or rent your personally identifiable information to any outside organization for the outside organization's own use without your consent; however, MOGO may share your personally identifiable information with its affiliates, partners, and other limited and carefully screened third parties, and where MOGO reasonably believes that such disclosure is required by law. In the unlikely event that MOGO sells all or part of its business, MOGO may sell its customer database with that business, which may include your personally identifiable information. You may modify the personally identifiable information in our database by contacting MOGO at the address below or at the following email address: info@mogocharm.com

MOGO may collect non-personally identifiable information about your web viewing habits while you navigate this site, including the following:


Aggregated Data. MOGO may collect user information and content in the aggregate as you use this website to analyze our overall usage patterns. Aggregate data does not contain any personally identifiable information.

Server Logs. MOGO may collect information from our server logs. These logs may include information such as your Internet Protocol address, browser details, the date and time of your request and certain information about your usage of this website.

Cookies. We may place a text file called a "cookie" on your computer. This cookie does not contain personal information, although it will enable us to relate your use of this website to information that you have specifically and knowingly provided. A cookie cannot read data off your computer or read cookie files created by other sites. MOGO may use cookies to track user traffic patterns and analyze our overall usage patterns. You can refuse cookies by turning them off in your browser.

Links. MOGO may track whether links to external Web sites are followed or clicked. MOGO may obtain this non-personally identifiable information through the use of customized software.

Children's Online Privacy Protection Act of 1998.

In addition, MOGO is committed to protecting the privacy of children. Congress has enacted a law called the Children's Online Privacy Protection Act of 1998 (COPPA) which is designed to protect children's privacy during use of the Internet. MOGO has implemented practices consistent with the guidelines provided by the Federal Trade Commission to date.

MOGO will never knowingly request personally identifiable information or private content from anyone under the age of 13 without parental consent. MOGO DOES NOT SHARE CHILDREN'S PERSONALLY IDENTIFIABLE INFORMATION WITH THIRD PARTIES, UNLESS MOGO BELIEVES SUCH DISCLOSURE IS REQUIRED BY LAW. If you are a parent or legal guardian of a user of our website under 13, you may, at any time, revoke your consent to allow MOGO to further use or collect your child's personal information, or direct MOGO to delete all identifiable information regarding your child that you have provided. To do so, please contact our Privacy Officer at the contact information below. If you would like more information about COPPA, please go to http://www.ftc.gov/ogc/coppa1.htm

Links to Other Sites. This website may contain links to a number of sites that we believe may offer useful information. The privacy policies and procedures described here do not apply to those websites. You should contact those websites directly for information on their data collection and use policies.

Security. MOGO is committed to providing reasonable measures to protect your personal identifying information from any unauthorized access or disclosure, and uses industry standard measures to protect your information. In addition to the steps taken by MOGO, you should also take measures to safeguard your personal information. This website is hosted in the United States. If you are visiting our website from outside the United States, you are transferring your personally-identifiable data into the United States when you voluntarily submit your personally-identifiable information. Many regions, such as the European Union, have data collection protections that differ from U.S. law.

Updates. MOGO may amend this Policy from time to time. Any substantial changes to the Policy will be promptly communicated on this page. By accessing and using our site after a change is made to the Policy, you agree to be bound by the Policy as revised.

Questions. If you have questions, want more information or would like to report a problem regarding the handling of your personal information, please contact:

Donna Tracey
MOGO Design, Inc.
2212 Queen Anne Ave N., #338
Seattle WA 98107
206-285-0663

You have the right to file a complaint with the U.S. Secretary of Health and Human Services or other applicable governmental agency, if you believe your privacy rights have been violated. You will not be penalized or retaliated against for filing a complaint.