Terms of Use

Prospect Financial Group LLC

Overview

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.

Performance

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.

Links

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.