1. Introduction & Disclaimer
Welcome to ProflexFinance.com (the “Site”), operated by Proflex Finance, LLC (“Proflex,” “we,” “our,” or “us”). Proflex is a California-registered investment adviser (CRD# 334262).
By accessing or using this Site, you agree to be bound by these Terms of Service (“Terms”) and all applicable laws and regulations. If you do not agree, please do not use the Site.
This Site is intended for informational and educational purposes only. Certain portions of the Site and services available through or referenced on the Site may also provide investment research, market commentary, newsletters, model portfolios, trade ideas, strategy discussions, alerts, webinars, or other research content intended for a general audience (collectively, “Research Services”).
Nothing on this Site constitutes:
- An offer to buy or sell securities;
- Individualized investment, legal, tax, or accounting advice; or
- A personalized recommendation based upon any particular user's investment objectives, financial condition, risk tolerance, tax circumstances, or other individual circumstances, except where Proflex has separately agreed in writing to provide individualized investment advisory services.
Research Services may discuss, identify, analyze, or express views concerning particular securities, asset classes, investment strategies, transactions, or model allocations. Such content may include general or impersonal investment recommendations or opinions, but it is not individualized to any particular subscriber unless expressly provided pursuant to a separate written advisory agreement.
This Site does not create an advisory or client relationship. Advisory services are provided only pursuant to a signed written investment advisory agreement and applicable disclosures.
Purchasing, subscribing to, receiving, viewing, or participating in any Research Service, newsletter, model portfolio, webinar, community, trade alert, or similar offering does not, by itself, establish an investment advisory client relationship with Proflex.
Registration as an investment adviser does not imply any particular level of skill, training, endorsement, or approval by any federal or state securities regulator.
2. Audience & Jurisdictional Limitations (No Solicitation)
The Site is not intended as a solicitation of advisory services in any jurisdiction where Proflex is not properly registered, exempt, or excluded from registration. Accessing the Site from any jurisdiction where the content is unlawful is prohibited.
Any subsequent, direct communication by Proflex with a prospective client will be conducted by a representative who is appropriately registered or exempt in the prospective client’s state of residence.
Research Services or other non-client subscription content may be made available separately from Proflex's individualized investment advisory services. Availability of any Research Service does not necessarily mean that Proflex is offering individualized advisory services in the user's jurisdiction.
Users are responsible for determining whether their access to or use of the Site or any Research Service is lawful in their jurisdiction.
3. Certain Offerings; Eligibility Standards
From time to time, the Site may reference investment products, strategies, or vehicles that are available only to investors who meet specific legal eligibility standards (e.g., “accredited investor,” “qualified purchaser,” or “qualified client”), where applicable. Any such eligibility requirements apply only to the specific offering described and only where legally required.
Access (if any) is subject to verification and additional disclosures and agreements.
Access to a Research Service, model portfolio, newsletter, webinar, community, or other Site content does not establish eligibility for any separately offered investment product, managed account, private investment opportunity, or advisory service.
4. Investment Risks & No Reliance
Investing involves risk, including the potential loss of principal. Past performance is not a guarantee of future results.
Investment strategies or securities discussed through the Site or Research Services may involve substantial risk. Certain content may discuss options, derivatives, digital assets, cryptocurrencies, concentrated positions, leveraged strategies, short-term trading, income strategies, or other investments or techniques involving heightened volatility, liquidity, market, counterparty, tax, or loss risk. Such strategies are not suitable for all investors and may result in substantial or complete loss of the amount invested.
Forward-looking statements are inherently uncertain and actual results may differ materially.
You should not rely solely on the Site when making investment, financial, legal, or tax decisions, and you should consult appropriate professionals regarding your specific circumstances.
Information may become outdated due to market movements, economic events, company developments, changes in law, or other circumstances. Proflex has no obligation to notify a user when previously published research, commentary, recommendations, model positions, or market views change unless otherwise expressly stated.
A security or strategy discussed favorably at one time may subsequently decline in value or become inconsistent with Proflex's current views. Users should not assume that any position, recommendation, target, model allocation, or opinion remains current after its publication date.
5. Custody & Client Asset Handling
Proflex does not custody client funds or securities. Client assets are maintained at qualified third-party custodians.
Proflex provides advisory services solely pursuant to written advisory agreements and required disclosures. The Site is not a platform for transacting in or managing client accounts.
Research Services, model portfolios, newsletters, trade alerts, webinars, and community communications do not provide Proflex with authority to execute transactions in a subscriber's brokerage or other investment account.
Subscribers who are not separately advisory clients are responsible for their own investment decisions and for the timing, pricing, execution, monitoring, and tax consequences of any transaction they elect to make.
6. Forward-Looking Statements
Any forward-looking statements on this Site are based on current expectations, assumptions, and projections. Actual results may differ due to various risks and uncertainties.
Forward-looking statements may include market forecasts, price targets, expected returns, portfolio objectives, macroeconomic forecasts, strategy expectations, statements concerning anticipated market movements, or other statements concerning future events or performance.
Proflex undertakes no obligation to update or revise any forward-looking statements.
Targets, forecasts, scenarios, expected returns, or statements regarding potential opportunities are not guarantees, promises, or assurances of future results.
7. Research Services, Marketing & Performance Disclosures
Proflex may publish or provide Research Services under names that currently include, without limitation, Growth Gazette, Income Insider, All-Access, model portfolios, premium research, trade alerts, market updates, live strategy sessions, webinars, and related research products or services. Product names, features, and availability may change from time to time.
Growth Gazette, Income Insider, and similar publications are research/newsletter services and are not themselves investment funds, brokerage accounts, or individually managed client accounts. References to a “portfolio” within a Research Service may refer to a model or illustrative portfolio rather than an account holding actual subscriber assets, unless expressly stated otherwise.
Research Services may discuss specific securities, options, digital assets, portfolio allocations, entry or exit levels, market scenarios, tactical strategies, or other investment ideas. Because such Research Services are prepared for a general audience, they do not take into account an individual subscriber's investment objectives, financial situation, tax circumstances, liquidity needs, risk tolerance, or other circumstances.
Performance Information
Any performance data, testimonials, endorsements, ratings, or statements about investment results presented on this Site are for informational purposes only.
Past performance is not indicative of future results. Investment outcomes may vary. Proflex does not guarantee results, and no information on this Site constitutes a promise or guarantee of future performance.
Performance information presented on the Site or through Research Services may include actual performance, model performance, hypothetical performance, back-tested results, extracted performance, performance of published recommendations, portfolio-level results, yields, income figures, success rates, win rates, benchmark comparisons, or other performance-related metrics. The nature of the applicable performance will be identified or described in disclosures accompanying the applicable presentation.
Unless expressly stated otherwise, performance associated with a model portfolio, newsletter, research strategy, or series of recommendations should not be understood as the actual performance achieved by every subscriber or advisory client. Subscribers may enter or exit investments at different prices and times, may choose not to follow particular recommendations, and may experience materially different results.
Performance results may be affected by assumptions concerning transaction timing, execution prices, spreads, commissions, advisory or subscription fees, option premiums, taxes, cash balances, interest, dividends, reinvestment, position sizing, liquidity, and other factors. Actual investor results may therefore differ materially from results presented on the Site.
Where performance is shown before deduction of applicable fees or expenses, the deduction of such fees and expenses would reduce the returns experienced by an investor. Where required by applicable law, corresponding net performance or additional fee information will be presented with the applicable advertisement or performance presentation.
Any term such as “yield,” “success rate,” “win rate,” “outperformance,” “return,” “alpha,” “multiple,” or similar performance descriptor must be understood according to the calculation methodology and measurement period applicable to the particular presentation. Such metrics should not be interpreted independently of their accompanying methodology and disclosures.
Model and Hypothetical Results
Model or hypothetical performance is subject to significant limitations. It does not represent the results of an actual investor unless expressly stated otherwise, and it may not reflect the impact that material economic or market factors would have had on actual investment decisions or portfolio management.
Hypothetical, model, back-tested, targeted, projected, or simulated performance may benefit from assumptions or hindsight that would not have been available or achievable in actual trading. No representation is made that any account will or is likely to achieve results similar to hypothetical or model results shown.
Benchmark Comparisons
Where a strategy, Research Service, portfolio, or model is compared with an index or other benchmark, the benchmark is provided for comparison purposes only. The benchmark may have materially different holdings, asset allocation, volatility, risk, fees, trading costs, tax characteristics, or investment restrictions from the relevant strategy. Market indices generally cannot be invested in directly.
Benchmark results may include reinvestment assumptions or other methodological conventions that differ from those applicable to the Proflex strategy or Research Service. Users should review the accompanying disclosures before drawing conclusions from a benchmark comparison.
Performance Methodology and Additional Disclosures
Material assumptions, calculation methods, measurement periods, fee treatment, benchmark information, and other limitations applicable to a particular performance presentation will be provided directly with or reasonably proximate to the applicable content and/or through a separate Performance & Marketing Disclosures page. Such accompanying disclosures are incorporated into these Terms by reference.
Performance information should be reviewed together with those specific disclosures and not solely by reference to a headline return, yield, success rate, benchmark multiple, chart, or other summary statistic.
Testimonials, Endorsements and Ratings
To the extent the Site includes testimonials/endorsements/ratings, such content may not be representative of the experience of all clients, and there is no guarantee that any current or prospective client will experience a similar outcome.
A testimonial or endorsement reflects the experience or opinion of the person providing it and should not be interpreted as a guarantee of investment results or as evidence that any other client, subscriber, or user will have the same experience.
Where required by applicable law, Proflex will disclose whether a person providing a testimonial or endorsement received compensation or has another material relationship with Proflex.
Additional information and disclosures regarding marketing content are available upon request.
Nothing in these Terms is intended to reduce any disclosure obligation applicable to Proflex under federal or state securities laws.
8. Third-Party Content & Links ; Community Content
This Site may link to or reference third-party websites and content. These are provided for convenience only.
Proflex does not control or endorse such content and is not responsible for the accuracy, availability, security, or practices of third-party sites. Use of external links is at your own risk.
The Site and Research Services may also incorporate or link to third-party market data, charts, news, research, social-media platforms, messaging platforms, video services, payment processors, community platforms, or other technology providers. Proflex does not guarantee that third-party information is accurate, complete, or current.
Proflex may operate or participate in investor communities, messaging groups, live discussions, webinars, or similar interactive forums. Statements made by other participants are their own and do not necessarily represent the views of Proflex.
Community participants may discuss securities, trades, investment results, or investment ideas. Such participant-generated content has not necessarily been reviewed or verified by Proflex and should not be treated as personalized investment advice or as a recommendation by Proflex solely because it appears in a forum operated or moderated by Proflex.
Users may not use any Proflex community or communication channel to engage in unlawful conduct, market manipulation, misleading promotion, harassment, unauthorized solicitation, dissemination of confidential information, or other activity that Proflex reasonably determines may harm Proflex, its users, or others.
9. Intellectual Property & Restrictions on Use
All content on this Site—including text, graphics, logos, designs, and software—is the property of Proflex Finance, LLC or its licensors and is protected under U.S. intellectual property laws.
This includes, without limitation, newsletters, reports, model portfolios, trade alerts, investment research, videos, webinars, recordings, charts, presentations, methodologies, community materials, and other Research Services.
You may not:
- Reproduce, republish, distribute, or otherwise exploit Site content without prior written permission (except for personal, non-commercial use);
- Share, resell, sublicense, publish, forward, publicly display, or commercially distribute paid or subscriber-only Research Services, model portfolios, trade alerts, videos, newsletters, or other restricted content without Proflex's prior written permission;
- Share account credentials or permit unauthorized persons to use a paid subscription or restricted account;
- Use automated tools (bots, scrapers, crawlers, etc.) to access, monitor, or copy any portion of the Site without prior written permission;
- Use Site or Research Service content to create, train, operate, or market a competing investment research, advisory, newsletter, data, artificial-intelligence, or similar commercial product without prior written permission;
- Introduce malware, attempt to gain unauthorized access to the Site, or interfere with Site operation; or
- Use the Site for unlawful, fraudulent, misleading, or malicious purposes.
Third-party trademarks and intellectual property remain the property of their respective owners.
10. No Confidential Submissions; Site Communications
Do not submit sensitive personal information (e.g., Social Security numbers, account numbers, login credentials) through Site contact forms or via unsecured email.
While Proflex takes reasonable measures to protect the Site, no method of transmission over the internet is completely secure.
Communications sent through the Site do not establish an advisory or client relationship and will not be treated as instructions to transact in any account.
The same applies to communications sent through newsletters, webinars, live chat, messaging applications, social-media accounts, Research Services, community forums, or other general-audience communication channels.
Advisory clients should provide account instructions only through communication methods authorized under their applicable investment advisory agreement and related account documentation.
Questions answered during webinars, community discussions, live sessions, or similar forums may be general in nature and should not be understood as individualized investment advice merely because a participant provides limited personal information while asking a question.
11. No Warranty; Limitation of Liability
This Site is provided “as is” and “as available,” without warranties of any kind—express or implied—including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or availability.
Proflex does not warrant that Research Services, market data, alerts, model portfolios, recommendations, communications, or other content will be complete, current, accurate, uninterrupted, error-free, delivered at any particular time, or suitable for any particular user. Market conditions may change before a user receives or acts upon information.
To the maximum extent permitted by applicable law, Proflex will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of (or inability to use) the Site, or reliance on any information on the Site, even if advised of the possibility of such damages.
To the maximum extent permitted by applicable law, this limitation also applies to use of or reliance upon Research Services, model portfolios, newsletters, trade alerts, community content, webinars, third-party information, and other non-client Site services.
Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for fraud, willful misconduct, or gross negligence.
Nothing in these Terms waives, limits, or modifies any right, obligation, fiduciary duty, or remedy that cannot lawfully be waived under applicable federal or state securities laws, nor does this Section modify Proflex's obligations to an advisory client under a separately executed investment advisory agreement.
12. Changes to Terms or Services
Proflex may update these Terms at any time. If changes are made, we will update the “Last Updated” date above and post the revised Terms on the Site.
Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
Proflex may also modify, suspend, replace, discontinue, or change the features, content, frequency, format, or availability of Site content or Research Services from time to time, subject to applicable law and any separately stated subscription terms.
13. Jurisdiction & Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of laws principles.
Any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in California, and you consent to such jurisdiction and venue.
The foregoing applies only to the extent permitted by applicable law and does not waive any jurisdiction, venue, consumer-protection, or securities-law right that cannot lawfully be waived.
14. Miscellaneous
Relationship to Other Agreements. If you are an advisory client of Proflex, your written investment advisory agreement, Form ADV disclosures, privacy notices, custodian documents, and other applicable client agreements govern the advisory relationship. These Terms govern use of the Site and Research Services and do not replace an investment advisory agreement. If these Terms conflict with a separately executed investment advisory agreement concerning advisory services, the investment advisory agreement controls as to those advisory services.
Product-Specific Terms. Certain Research Services, events, communities, subscriptions, or other offerings may be subject to additional terms presented at registration, purchase, or enrollment. Those terms supplement these Terms.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver. No waiver of any provision will be deemed a further or continuing waiver.
Assignment. You may not assign these Terms without Proflex’s prior written consent. Proflex may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
Entire Agreement. These Terms constitute the entire agreement between you and Proflex regarding your use of the Site and Research Services, together with any expressly incorporated product-specific terms, and supersede prior or contemporaneous understandings concerning that subject. These Terms do not supersede a separately executed investment advisory agreement or other client agreement.
Force Majeure. Proflex will not be liable for delays or failures in performance resulting from causes beyond its reasonable control.
15. Contact Information
For any questions regarding these Terms, please contact:
Proflex Finance LLC
Email: contact@proflexfinance.com
Phone: +1 (302) 281-4715
CRD# 334262 | Registered Investment Advisor (RIA)
Questions relating to a particular Research Service, performance calculation, or marketing disclosure may also be directed to the contact information above.
16. Privacy Policy
Please review our separate Privacy Policy for information on how we collect, use, and protect your personal information.
Use of newsletters, subscription services, account registration, webinars, community platforms, contact forms, and other Site features may involve collection and processing of personal information as further described in the Privacy Policy and, where applicable, the privacy practices of third-party service providers.
17. Subscription and Paid Research Services
Certain Research Services may require registration, payment of a subscription fee, or both. Prices, payment frequency, subscription periods, renewal terms, cancellation rights, refund policies, and other commercial terms applicable to a paid Research Service will be disclosed at the point of purchase or in applicable product-specific terms.
If a subscription is offered on an automatically renewing basis, the recurring price, renewal interval, cancellation method, and other material renewal terms will be disclosed in connection with enrollment as required by applicable law.
Users are responsible for maintaining the confidentiality of account credentials and for activity conducted through their accounts. Proflex may restrict or terminate access where it reasonably believes credentials have been shared, access is unauthorized, these Terms have been violated, or continued access presents legal, compliance, cybersecurity, or operational risk.
Payment for a Research Service is compensation for access to the applicable research, publications, platform features, or related content and does not cause the subscriber's assets to become assets under Proflex's management or establish a discretionary investment management relationship.
Subscribers remain responsible for determining whether and how to act upon Research Services unless they have separately entered into an investment advisory agreement providing otherwise.
18. Electronic Communications
By subscribing to newsletters, registering for Site services, joining a webinar or community, or otherwise requesting electronic communications, you may receive communications relating to the applicable service at the email address, telephone number, or other electronic contact information you provide, subject to applicable law and your communication preferences.
Market alerts, newsletters, research communications, or trade-related commentary may experience delays caused by internet service providers, email filtering, messaging platforms, technical failures, or other circumstances. Proflex does not guarantee simultaneous or instantaneous delivery of Research Service communications to all recipients.
Time-sensitive investment decisions should not be based upon an assumption that a particular communication will be received at the same time by every subscriber or before relevant market conditions change.