Terms & Conditions of Use
Please read the following Terms and Conditions of Use carefully before using the ProFunds website. By using ProFunds.com, and the information and services available through the site, you agree to follow and be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use this website.
ProFunds.com is owned and operated by ProFunds (ProFunds Trust). ProFunds mutual funds are distributed by ProFunds Distributors, Inc., member FINRA. ProFunds may modify these Terms and Conditions of Use at any time and without notice. Any such modifications will be effective immediately upon posting to this website. We suggest you periodically review these Terms and Conditions of Use.
- Important Fund Disclosures
- Use of Hyperlinks
- Timeliness of Content
- ProFunds and Access One Proxy Voting
- Foreign Investors
- Business Continuity Plan
- Warranties, Disclaimers and Indemnifications
- Password Security
- Email Correspondence
- Governing Law
Important Fund Disclosures
Availability of Prospectuses
Carefully consider the investment objectives, risks, charges and expenses of ProFunds before investing. This and other information can be found in their summary and full prospectuses. Read them carefully before investing. You can also receive prospectuses by writing to us at: ProFunds, 7501 Wisconsin Avenue, Suite 1000E, Bethesda MD 20814, or by calling us at 888.PRO.FNDS (1-888-776-3637). Investors can also obtain prospectuses and seek advice from a financial professional or broker/dealer representative.
Notification of Risks
Investing involves risk, including the possible loss of principal. ProFunds entail certain risks, including, for many ProFunds, risk associated with the use of derivatives (swap agreements, futures contracts and similar instruments), imperfect benchmark correlation, leverage and market price variance, all of which can increase volatility and decrease performance. For more on correlation, leverage and other risks, please read your ProFund prospectus. There is no guarantee any ProFund will achieve its investment objective.
All names, graphics, logos, trademarks and service marks appearing on ProFunds.com are the exclusive property of their respective owners. All ProFunds names, graphics, logos, trademarks and service marks are exclusive property of ProFunds. ProFunds' names, graphics, logos, trademarks and service marks may not be used in connection with any product or service that is not ProFunds' without express advance written permission, and none of these may be used in any manner likely to cause confusion among customers or investors, or that is in any manner offensive, false, misleading, derogatory, disparaging or discrediting towards ProFunds.
Use of Hyperlinks
You may not hyperlink to ProFunds.com unless you receive permission from ProFunds and accept and agree to comply with the conditions referenced below:
- The hyperlink must be directed to ProFunds' homepage at www.ProFunds.com.
- The text of the hyperlink must state "ProFunds" or "ProFunds.com."
- The hyperlink may not falsely represent or suggest any relationship between ProFunds and the linking website or entity.
- The hyperlink may not portray any ProFunds information in any manner that is offensive, false, misleading, derogatory, disparaging or discrediting.
- The hyperlink may not alter the integrity or layout of the ProFunds.com website.
- Hyperlinks to ProFunds.com from other websites are maintained by independent third parties and are not affiliated with ProFunds. ProFunds is not responsible for the accuracy or timeliness of any information or media provided on third party websites.
Timeliness of Content
The information available on this site is reviewed and updated with due diligence, however, information available on this site may become outdated. ProFunds does not assume any liability or guarantee for the timeliness, accuracy and completeness of the information provided through ProFunds.com. ProFunds makes reasonable efforts to provide content from sources it believes to be reliable, but makes no representation or warranty that the information available on ProFunds.com is correct, accurate, complete or reliable.
The content on the ProFunds website is provided for information, education and non-commercial purposes only and is subject to change at any time. The information provided should not be construed as investment advice. Under no circumstances is the information provided intended to be an offer to sell or solicitation of an offer to buy ProFunds mutual funds. Each investor is responsible for evaluating the suitability and risks associated with investing in ProFunds and agrees to not hold ProFunds, ProFunds Distributors Inc., or their affiliates, or any their officers, directors, employees, or agents liable for any possible claim for damages arising from any decision based on the information made available through ProFunds, or ProFunds.com.
ProFunds and Access One Proxy Voting
ProFunds and Access One's Proxy Voting Policy may be reviewed here.
ProFunds' investment products and the services referred to on ProFunds.com are intended to be made available only to U.S. residents. Some ProFunds products may be made available to non-U.S. residents through third parties. Under no circumstances is any information provided on the ProFunds website intended to be an offer to sell or solicitation of an offer to buy ProFunds mutual funds, or any investment product or service, to any person in any jurisdiction where such offering or solicitation would be unlawful under the securities laws of that jurisdiction.
Business Continuity Plan
ProFunds has a flexible Business Continuity Plan ("BCP") to respond to events that significantly disrupt business. ProFunds' BCP is designed to enable quick recovery and resumption of business operations after a significant business disruption ("SBD") by safeguarding employees and property, making financial and operational assessments, and protecting books and records so ProFunds can continue to transact business.
ProFunds' BCP addresses the following areas: data back-up and recovery; all mission-critical systems; financial and operational assessments; alternative communication methods with business constituents, employees, and regulators; alternative physical location for critical employees; service providers; and regulatory reporting. Back-up records are maintained electronically, and certain documentation is secured off site. While every emergency situation poses unique problems, it is ProFunds' and its technology service providers' objectives to restore all services as soon as possible.
SBDs vary in scope and severity. They may disrupt operations solely at ProFunds, or they may affect a larger area. Should an SBD occur applying solely to ProFunds' primary place of business, the firm will transfer operations to an off-site location and generally resume business the same day. If a larger area is disrupted, ProFunds will transfer operations to a site outside of the affected area and generally resume business within 24 hours. ProFunds will notify you of any necessary information through ProFunds.com.
This BCP is reviewed and approved annually by senior management and is subject to change. For more information, or if you have questions about the BCP, please contact ProFunds at 888-PRO-FNDS (888-776-3637) or through ProFunds.com.
Warranties, Disclaimers and Indemnifications
- ProFunds makes no warranties, express or implied, about the use of ProFunds or ProFunds.com.
- ProFunds.com is made available as is, and is subject to change at any time and without notice.
- ProFunds makes no warranties, express or implied, that ProFunds.com will be uninterrupted, secure or error free.
- ProFunds makes no warranties, express or implied, that the information on ProFunds.com will meet your needs or requirements.
- To the full extent permitted under applicable law, ProFunds expressly disclaims all warranties of any kind with respect to ProFunds.com, and any products or services available on or through this website, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, suitability and non-infringement.
- Any content or data downloaded or otherwise obtained through the use of ProFunds.com is done at your own discretion and risk. You are solely responsible for any damage to your computer system or other equipment, loss or corruption of data, or any other losses or damages, tangible or intangible, resulting from your use of any materials downloaded from or obtained through ProFunds.com.
- You agree that ProFunds, its subsidiaries and affiliates, and each of their officers, directors, employees, and agents is not liable for any direct, indirect, incidental, special, consequential, punitive, intangible, or exemplary damages, including but not limited to, damages from loss of profits, revenue, income, goodwill, use, or data beyond the control of ProFunds, caused by your use of or your inability to use ProFunds.com.
- You agree that ProFunds, its subsidiaries and affiliates, and each of their officers, directors, employees, and agents is not liable for damages caused by theft, unauthorized access, systems failure, or communications line failure, or the cost of procuring substitute goods or services, or for any other occurrences beyond the control of ProFunds, even if they have been advised of the potential for such damages, caused by your use of or your inability to use ProFunds.com.
- As a condition of using ProFunds.com, you agree to indemnify and hold ProFunds, its subsidiaries and affiliates, and each of their officers, directors, employees, and agents harmless from and against any claims, demands, losses, liabilities, costs and expenses, including attorney fees, arising from your use of or your inability to use ProFunds.com, or any violation by you of these Terms and Conditions of Use.
If you have a personal identification number (pin) for access to your account, you are solely responsible for all activities that occur in connection with your pin. Additionally, you are solely responsible for maintaining the confidentiality of any account information and user names. If you become aware of any suspicious or unauthorized conduct concerning your account, you agree to contact ProFunds immediately.
Inquiries concerning ProFunds can be made through our general information email address at info@ProFunds.com.
The terms of these policies, and any dispute that might arise between you and ProFunds and its subsidiaries and affiliates, and each of their officers, directors, employees, and agents, are governed by the laws of the State of Maryland.
"S&P 500,®" "S&P 500® Value Index," "S&P 500® Growth Index," "S&P MidCap 400,®" S&P MidCap 400® Value Index," "S&P MidCap 400® Growth Index," S&P SmallCap 600," S&P SmallCap 600 Value Index" and "S&P SmallCap 600 Growth Index" are trademarks of Standard & Poor's Financial Services LLC ("S&P") and have been licensed for use by ProFunds. "Dow Jones Index," "DJ," "Dow Jones Industrial Average,SM"The Dow 30,SM "Dow Jones U.S. Sector Indexes," "Dow Jones Select Sector Indexes," and "Dow Jones Brookfield Global Infrastructure Composite Index" are products of S&P Dow Jones Indices LLC and its affiliates. The "Nasdaq-100®," "Russell 2000® Index," "Nikkei 225 Stock Average", "MSCI" and "EAFE" are trademarks or service marks of, respectively, The Nasdaq OMX Group, Inc., Russell Investment Group, Nihon Keizai Shimbun, Inc., and MSCI. "ICE Futures U.S.®" and IntercontinentalExchange® are registered trademarks of the IntercontinetalExchange, Inc. The "U.S. Dollar Index®" and "USDX®" are registered trademarks of ICE Futures U.S., Inc. and have been licensed for use by ProFunds. "S&P/BNY Mellon," "S&P/BNY Mellon Emerging 50 ADR Index (USD)," "S&P/BNY Mellon Latin America 35 ADR Index (USD)," and "S&P/BNY Mellon China Select ADR Index (USD)" are service marks owned by S&P/BNY Mellon and have been licensed for use by ProFunds. ProFunds are not sponsored, endorsed, sold or promoted by these entities or their affiliates, and they make no representation regarding the advisability of investing in these products. THESE ENTITIES AND THEIR AFFILIATES MAKE NO WARRANTIES AND BEAR NO LIABILITY WITH RESPECT TO PROFUNDS. You cannot invest directly in an index.