Terms of Service

Your use of xgPortfolio and its services is conditioned upon your prior acceptance of the following Terms of Service ("TOS"). As the TOS may be updated from time to time without prior individual notice, you can review the most current version at any time at: http://www.xgPortfolio.com/LocationAlarm.

xgPortfolio offers a service (the "Service") that allows its users to configure alarm when they reach a preset location.

The Service may be used through a downloadable mobile application (the "Software") that can be used on a handheld device. Alarms are not guaranteed to be timely or accurate and have an accuracy of 100 meters to 5KM and sometimes much more. The Service is provided for informational purposes only. xgPortfolio assumes no responsibility for any network downtime and there are no guaranties expressed or implied that this will work in the future. Unless explicitly stated otherwise, any new features or update to the current Service, shall be subject to the TOS. If you are dissatisfied with any xgPortfolio product or service, or with any of the terms of service, your sole and exclusive remedy is to discontinue its use.

You acknowledge and agree that the Service and any necessary software used in connection with the Service may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. xgPortfolio grants you a non-exclusive, non-transferable, limited right to use its Service for your personal, non-commercial use, provided that you do not (and do not allow any third party to) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, reverse assemble, transfer, or sell any information, software, products or services obtained from the Service. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, for any purposes including (without limitation) obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by xgPortfolio for use in accessing the Service. All trademarks not owned by xgPortfolio that may appear on the website or on any xgPortfolio product are the property of their respective owners.

xgPortfolio reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that xgPortfolio shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

UNDER NO CIRCUMSTANCES SHALL xgPortfolio, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS THIRD-PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

THE xgPortfolio PRODUCTS AND THE USE OF THE RELATED SERVICES, DOCUMENTATION AND CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. xgPortfolio EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. xgPortfolio DISCLAIM ANY WARRANTIES REGARDING: (I) THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE xgPortfolio SERVICES; (II) ANY INFORMATION OR ADVICE OBTAINED THROUGH THE xgPortfolio SERVICES; (III) ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE xgPortfolio SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF xgPortfolio SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.