Terms of Use

Prospect Financial Group LLC


These Terms of Use apply to www.prospect-group.com as well as any other affiliated sites, digital services, or applications on which a link to these Terms of Use appears (collectively, the "PFG Website") and apply to all visitors.  These Terms of Use govern your use of the PFG Website.  By accessing the PFG Website, you agree to be legally bound by the Terms of Use then in effect.

These Terms of Use as well as the information and materials contained in the PFG Website are subject to change at any time and from time to time, without notice.  PFG may add features to or remove features from the PFG Website at any time and from time to time in our sole discretion. Continued access to the PFG Website following any modification in these Terms of Use will constitute your acceptance of the Terms of Use as modified.

If you do not agree to be bound by these Terms of Use, do not use the PFG Website.

Access Subject to Local Restrictions

PFG makes no representation that materials on the website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws.

Services and Products

Any material, information or report published, distributed or otherwise made available on the PFG Website is published for informational purposes only and is subject to change at any time without notice.  Any such material, information or report has no regard to the specific investment objectives, financial situation or particular needs of any specific recipient and should not be construed as a solicitation, offer or recommendation, to buy or sell any securities, investment or other financial instruments, to effect any transactions or to conclude any legal act of any kind whatsoever.  To the extent pricing information is displayed on the PFG Website, all such price information is indicative only. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of the materials, nor are they a complete statement of the securities, markets or developments referred to herein.  The materials should not be regarded by recipients as a substitute for the exercise of their own judgment.  Any opinions are subject to change without notice and may differ or be contrary to opinions expressed in other circumstances as a result of using different assumptions and criteria.  PFG is not under any obligation to update or keep current the information contained herein nor to remove any outdated information from the PFG Website or to expressly mark it as being outdated.

No Offer

No information or materials published on the PFG Website constitutes a solicitation, an offer, or a recommendation to buy or sell any investment instruments, to effect any transactions, or to conclude any legal act of any kind whatsoever.

PFG does not provide investment, legal or tax advice through the PFG Website and nothing herein should be construed as being financial, legal, tax or other advice.  PFG does not represent that any securities or services discussed are suitable for any investor or client.  No investment or other decisions should be made solely based on the contents or information found on the PFG Website.

When making a decision about your investments, you should seek the advice of a professional financial advisor or qualified expert.


The future performance of an investment cannot be deduced from previous market value, i.e. the value of an investment may fall as well as rise.  An investment may also lose value due to changes in rates of foreign exchange.  PFG cannot guarantee that any capital invested will maintain or increase in value.

Forward-Looking Statements

The PFG Website may contain statements that constitute "forward looking statements".  While these forward-looking statements may represent PFG’s judgment and future expectations, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from PFG’s expectations.  PFG is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward-looking statements whether as a result of new information, future events, or otherwise.

No Warranty

Your use of the PFG Website is at your own risk.  The PFG Website, together with all content, information and materials contained therein, is provided "as is" and "as available" ", without any representations or warranties of any kind.  Any materials, information or content accessed, downloaded or otherwise obtained through the use of the PFG Website is done at your own risk and PFG is not responsible for any damage to your computer systems or loss of data that results from the download of such material.  PFG and its affiliates expressly disclaim all representations or warranties of any kind, whether express or implied, with respect to the PFG Website, and all materials, information, content and functionalities contained herein, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose.  Without limiting the foregoing, PFG does not warrant the accuracy, timeliness, completeness, security, reliability or availability of the PFG Website or the information or results obtained from use of the PFG Website, or that the PFG Website will be available at all times, or is virus-free or error-free.

No Liability

To the fullest extent permitted by law, in no event shall PFG or our affiliates, or any of our directors, employees, contractors, service providers or agents have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of the PFG Website, or any links to third party websites.

You are solely responsible for acquiring and maintaining such electronic devices and equipment that can handle and will allow you to access and use the PFG Website and for taking adequate and appropriate data security measures in accordance with good industry practice to protect yourself against fraud or cyber-attacks on a continuous basis (e.g. by using the most recent browser versions, and installing recommended security patches and up-to-date anti-virus programs and firewalls).  PFG specifically disclaims all liability for any tampering with any user's computer system by unauthorized parties, or for losses or liabilities suffered by any user arising from viruses or attacks by hackers.

In no event will PFG or our affiliates, or any of our officers, directors, employees, contractors, service providers or agents be liable for any incidental, special, punitive or consequential damages howsoever caused arising out of the use of the PFG Website, its content, or the inability to use the PFG Website.

This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access, whether for breach of contract, tortious behavior, negligence or under any other cause of action.


The PFG Website may contain third party content or links to third party websites.  These content and links are provided solely for your convenience and information.  PFG has no control over, does not assume any responsibility for and does not make any warranties or representations as to, any third-party content or websites, including but not limited to, the accuracy, subject matter, quality or timeliness.  PFG shall have no liability for third party content or websites or websites linking to or framing the PFG Website.

User Conduct

If you are an authorized user on the PFG Website, your user name and password will be your identity for purposes of interacting with the website.  You will use your password solely in accordance with this Agreement and notify PFG if you learn of or suspect any loss, theft or unauthorized use of your password.

You agree not to use the website for any unlawful purpose.  You agree not to attempt to gain access to any area of the PFG Website and any information for which you have not been authorized.  You also acknowledge and agree that PFG has put into place security measures designed to prevent unauthorized access to the information of other authorized users.  If you gain access to any information for which you are not authorized, you agree you will not view, download, print, harvest or collect, or attempt to view, download, print, harvest or collect, any such information.  You also agree that you will not upload or attempt to upload any content (including text, communications, software, images, sounds, data, or other information) that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.

You acknowledge and agree that, although PFG has implemented and uses its best efforts to maintain security measures designed to prevent the unauthorized access by visitors and other authorized users to the information that you are authorized to access and use, no security measures are available that can be 100% guaranteed to prevent such unauthorized access.  PFG therefore does not warrant that such security measures will prevent such unauthorized access in each and every instance.

Intellectual Property Rights

PFG, or the applicable third party owner, retains all right, title and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) in all information and content (including all text, data, graphics and logos) on the PFG Website.  Individual pages and/or sections of the PFG Website may be printed for personal or internal use only, and provided that such print outs retain all applicable copyright or other proprietary notices.  All users must not, without limitation, modify, copy, transmit, distribute, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way, whether in whole or in part, any information, text, graphics, images, video clips, directories, databases, listings or software obtained from the PFG Website for commercial or public purposes, without the prior written permission of PFG.  Systematic retrieval of content from the PFG Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the PFG Website without the prior written permission from PFG is strictly prohibited.

The Prospect Financial Group logo and other images on the PFG Website are among the trademarks of PFG, which may or may not be registered.  Other marks may be trademarks of their respective owners.  Except as noted above, you may not use any trademarks of PFG for any purpose without the prior written permission of PFG.

Electronic Communication (Email)

The Internet is a universally accessible medium.  Ordinary email messages sent over the Internet are neither confidential nor secure.  They may be easily accessible by third parties and may entail a considerable amount of danger and risk including: (a) lack of confidentiality (emails and their attachments can be read and/or monitored without detection); (b) manipulation or falsification of the sender's address or of the email's (or attachment's) content (e.g. changing the sender's address(es) or details); (c) system outages and other transmission errors, which can cause emails and. their attachments to be delayed, mutilated, misrouted and deleted; (d) viruses, worms, Trojan horses etc. may be spread undetected by third parties and may cause considerable damage; and (e) interception by third parties.

You are therefore recommended to communicate with PFG by using a secure channel (e.g., the client intake forms provided on the PFG Website) if such channel is provided by PFG.  And, if you choose to transmit personal or confidential information such as any account related data by email, you should strongly consider placing additional security on the information (e.g., password-protection).

PFG shall not be liable to you or anybody else for any damages incurred in connection with any messages sent to PFG using ordinary email or any other electronic messaging system.

Privacy Statement

PFG appreciates your visit to the PFG Website and your interest in our services.  Your privacy is important to us and we want you to feel comfortable visiting our site.  We take care to protect your personal data collected, processed and used during visits to the PFG Website.  This privacy statement may be updated from time to time.  We therefore ask you to consult it on a regular basis.


PFG is committed to safeguarding the personal information that we collect from individuals who use the PFG Website.  Accordingly, PFG has developed this set of terms to describe how and what type of data will be collected from users of the PFG Website and the purposes for which PFG may collect, share or disclose the data.  PFG also outlines reasonable precautions which are taken to keep your data secure.


This privacy statement applies to any information obtained by PFG through your use of the PFG Website.  It is not applicable to any Internet websites controlled by third parties not controlled with PFG to which the PFG Website may link ("Third Party Sites").  Please review the privacy statements of Third Party Sites as PFG is not responsible for and has no influence on the content or the privacy practices of Third Party Sites.  The terms of this privacy statement are subject to any additional terms, disclaimers or other contractual terms you have entered into with PFG such as client privacy statements or notices, and any applicable mandatory laws and regulations.


PFG does not disclose nonpublic personal information about users, clients, or former clients to third parties other than as described below.

Types of Information We Collect

We collect nonpublic personal information in the following ways:

  • We collect information from individuals who interact with the PFG Website and use our services;
  • We may collect information from clients and other individuals, which may occur through written and electronic correspondence, telephone contacts or other interactions (including interactions on the PFG Website). This information may include information such as name, address, social security number, assets, income, net worth, financial transaction data, copies of financial documents and other similar types of information that would be germane to our relationship with that client or other individual.
  • We collect and maintain information about our client’s dealings with us;
  • We may use cookies, web beacons, and other technologies to collect information about your visit for statistical purposes, including: domain name and your Internet Protocol address (IP Address), the date and time you access our website, the information you view while visiting our website, your browser type and operating system, web pages you view and links you click within the website, and the length of time you use the PFG Website. Among other things, this information is used to measure the use of our website, to improve its content, and to diagnose and correct technical problems.

Use and Disclosure of Information We Collect

For current and former clients, we do not use or disclose any nonpublic personal information obtained in the course of our practice except as required or permitted by law.  For instance, we may use the information provided by you to provide advisory services to you, to open an account for you, to process a transaction for your account or otherwise in furtherance of our business.  In addition, in limited circumstances to render services to you and effect your transactions, we may provide your personal information to third parties that assist us in providing services to you and who have a need for such information, such as a broker or fund administrator.  We may also provide your information to third persons at your direction or with your consent.

We do not otherwise provide information about you to outside firms, organizations or individuals except to our attorneys, accountants and auditors and as permitted by law.  Further, we maintain physical, electronic and procedural safeguards that comply with federal standards to guard your personal information.

Our Use of Cookies and Other Tracking Technologies

Portions of our website pages may use “cookies,” clear GIFs or other tracking technologies to track information about your use of the PFG Website and services.  Cookies are small amounts of data that a website can send to you and that is stored on your computer.  Cookies allow our website to provide you with customized information, or they may recall data so you don’t have to retype it.  We may use session ID cookies, which terminate when you close your Internet browser, or persistent cookies, a small text file stored on your computer’s hard drive for an extended time.  Persistent cookies can be removed by following Internet browser help file directions.

  • Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future.  The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.  Visitors to our website who disable cookies will be able to browse certain areas of the website, but some features may not function.
  • Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies.  In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages.  PFG may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with the PFG website to, among other things, track the activities of visitors, help manage content, and compile statistics about website usage.
  • Third Parties/Analytics. We may use third-party service providers to assist us with website analytics.  We use these tools to help us improve our services, performance and user experiences.  Such third parties may use cookies and other tracking technologies to collect data about your use of our website.  These third parties may combine the information about you with other information that they have collected.  This Privacy Policy does not cover such third parties’ use of the data.

How We Protect Your Information

We maintain reasonable safeguards to protect against unauthorized disclosure, use, alteration or destruction of the personal information you provide on this website.  Please be aware that despite our best efforts, no data security measures can guarantee 100% security.

Third-Party Links

We may reference or provide links to Third Party Sites that we believe will be of interest or benefit to our clients and others who visit the PFG Website.  While we strive to provide links to sites that share our respect for our clients, we are not responsible for their content or their privacy practices.  We encourage you to read the privacy statements of each and every website you visit, and we encourage you to consult with you own advisor(s) before relying on any advice or information obtained on or through the PFG Website or any Third Party Site.  Any access to and use of such linked websites is not governed by this Privacy Policy, but instead is governed by the privacy policies of those Third Party Sites.

Children Under 18

The PFG Website is not designed for children under 18.  If we discover that a child under 18 has provided us with personal information, we will delete such information from our systems.

Notice of Transfer, Use, and Storage of Your Information

Our servers are based in the United States.  If you provide information to us through the PFG website, we will store and process that information in the United States and may use a cloud solution hosted by a third party service provider.  As a result, your data may be subject to access by law enforcement and other government entities, including courts and tribunals in accordance with laws applicable in those jurisdictions.

Questions and Comments

Your privacy, our professional ethics and our ability to provide you with the highest caliber of service are very important to us.  If you have questions about this privacy policy, or if you believe that we are not following the policy as it is set forth here, you may contact us by emailing us at jcurran@prospect-group.com.

Severability Clause

To the extent that any provision of these Terms of Use is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed to be severed from these Terms of Use but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms of Use in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms of Use in any other jurisdiction.

Applicable Law

This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the website will be filed only in the state or federal courts located in the Commonwealth of Virginia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.


PFG reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without notice.

Last updated in February 2019.

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