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. Nothing on this Site constitutes:
- An offer to buy or sell securities;
- Investment, legal, tax, or accounting advice; or
- A recommendation of any specific investment or strategy.
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.
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.
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.
4. Investment Risks & No Reliance
Investing involves risk, including the potential loss of principal. Past performance is not a guarantee of future results.
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.
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.
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. Proflex undertakes no obligation to update or revise any forward-looking statements.
7. Marketing Disclosures
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.
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. Additional information and disclosures regarding marketing content are available upon request.
8. Third-Party Content & Links
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.
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.
You may not:
- Reproduce, republish, distribute, or otherwise exploit Site content without prior written permission (except for personal, non-commercial use);
- Use automated tools (bots, scrapers, crawlers, etc.) to access, monitor, or copy any portion of the Site 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.
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.
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.
Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for fraud, willful misconduct, or gross negligence.
12. Changes to Terms
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.
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.
14. Miscellaneous
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 supersede any prior or contemporaneous understandings on that subject.
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)
16. Privacy Policy
Please review our separate Privacy Policy for information on how we collect, use, and protect your personal information.