1. Acceptance of Terms
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Neil Jesani Advisors, Inc. (“NJA,” “we,” “us,” or “our”), a Florida corporation and Securities and Exchange Commission (SEC) registered investment advisor. By accessing, browsing, or using our website located at neiljesani.com (the “Site”), any associated subdomains, landing pages, web applications, mobile applications, or any other digital properties owned or operated by NJA (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations.
If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Site and Services. We reserve the right to deny access to the Site and Services to anyone at any time, for any reason or no reason, without notice or liability.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. BY USING THE SITE, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.
2. Eligibility
You represent and warrant that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater. You further represent that you have the legal capacity to enter into a binding contract and that your use of the Site does not violate any applicable law, regulation, or obligation. If you are using the Site on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to “you” shall include that entity.
3. No Investment, Legal, or Tax Advice
The content, materials, information, and commentary provided on the Site, including but not limited to articles, blog posts, white papers, market outlooks, research reports, newsletters, calculators, tools, videos, podcasts, webinars, and social media content (collectively, “Content”), are provided for general informational and educational purposes only. Nothing on the Site constitutes, or is intended to constitute, investment advice, financial advice, tax advice, legal advice, accounting advice, or any other professional advice.
The Content does not constitute a recommendation, solicitation, or offer to buy, sell, or hold any security, investment product, financial instrument, or service. The Content does not take into account any individual’s specific financial situation, investment objectives, risk tolerance, time horizon, tax circumstances, or other personal factors. You should not rely on any Content as a substitute for professional advice from a qualified financial advisor, tax professional, or attorney who understands your specific circumstances.
All investing involves risk, including the possible loss of the entire amount invested. Past performance is not indicative of future results. No representation or warranty is made that any investment strategy, portfolio, or asset allocation will be successful, will achieve its objectives, or will avoid losses. The value of investments can and does fluctuate, and investors may receive back less than they invest.
4. Intellectual Property Rights
All Content, design elements, graphics, logos, trademarks, service marks, trade names, trade dress, text, images, photographs, illustrations, audio, video, software, source code, and other materials displayed on or made available through the Site (collectively, “Intellectual Property”) are the exclusive property of NJA, its licensors, or its content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.
The NJA name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NJA or its affiliates. You may not use these marks without our prior written permission.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content for your personal, non-commercial use only. You may not: reproduce, duplicate, copy, sell, resell, distribute, publish, transmit, display, perform, modify, create derivative works from, or otherwise exploit any Content or Intellectual Property without our prior written consent; use any data mining, robots, scraping, or similar automated data gathering or extraction methods on the Site; frame, mirror, or incorporate any portion of the Site into any other website, application, or service; reverse engineer, decompile, or disassemble any software or technology used on or in connection with the Site; or remove, alter, or obscure any copyright, trademark, or other proprietary notices.
5. User Conduct
You agree that you will not use the Site or Services in any manner that: violates any applicable federal, state, local, or international law or regulation; infringes upon the rights of any third party, including intellectual property, privacy, or publicity rights; is fraudulent, deceptive, misleading, or otherwise harmful; involves the transmission of viruses, malware, Trojan horses, worms, logic bombs, or other harmful or disruptive material; constitutes unauthorized or unsolicited advertising, promotional materials, spam, chain letters, or pyramid schemes; involves impersonating or attempting to impersonate NJA, an NJA employee, another user, or any other person or entity; attempts to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site through hacking, password mining, or other means; interferes with or disrupts the Site, servers, or networks connected to the Site; collects, harvests, or stores personally identifiable information of other users without their express consent; uses the Site for any commercial purpose without our prior written authorization; or circumvents, disables, or otherwise interferes with any security-related features of the Site.
6. User Submissions
By submitting any information, data, text, feedback, suggestions, ideas, or other materials through the Site, including through contact forms, inquiry forms, lead generation forms, email, or any other communication channel (collectively, “Submissions”), you grant NJA a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, distribute, and otherwise exploit such Submissions for any purpose, including but not limited to marketing, advertising, promotional, and business development purposes, without compensation, attribution, or notice to you. You represent and warrant that you own or have the necessary rights to grant this license and that your Submissions do not violate any third party’s rights.
You acknowledge that any information you submit through our forms (including name, email, phone number, and financial information) will be processed in accordance with our Privacy Policy and may be used to contact you regarding our services. Form submissions constitute an inquiry and do not create an advisory relationship.
7. Third-Party Links and Content
The Site may contain links to third-party websites, applications, services, or resources (“Third-Party Services”) that are not owned, controlled, or endorsed by NJA, including but not limited to custodian portals, scheduling services (Calendly), social media platforms, news sources, financial data providers, and educational resources. These links are provided solely for your convenience and do not constitute an endorsement, sponsorship, or recommendation by NJA of any Third-Party Service or its content, products, or services.
You acknowledge and agree that NJA is not responsible or liable for the availability, accuracy, content, privacy policies, practices, or security of any Third-Party Service. Your use of Third-Party Services is at your own risk and subject to the terms and conditions of those services. We encourage you to read the terms and privacy policies of any Third-Party Service before using them.
8. Disclaimer of Warranties
THE SITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, OR UNINTERRUPTED ACCESS.
NJA DOES NOT WARRANT THAT: THE SITE WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERRORS; THE CONTENT IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE; ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THE RESULTS OBTAINED FROM USE OF THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NJA, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “NJA PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES; ANY CONTENT, INFORMATION, OR MATERIALS OBTAINED THROUGH THE SITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; ANY INVESTMENT DECISIONS MADE BASED ON CONTENT ON THE SITE; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NJA PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00). THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE NJA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF THE NJA PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Indemnification
You agree to indemnify, defend, and hold harmless the NJA Parties from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection with: your use of the Site or Services; your violation of these Terms; your violation of any applicable law, regulation, or third-party right; your Submissions; your negligent or willful misconduct; or any dispute between you and any third party relating to the Site or Services. NJA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
11. Binding Arbitration Agreement & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
11.1 Agreement to Arbitrate. You and NJA mutually agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Site, the Services, any Content, or the relationship between you and NJA (collectively, “Disputes”), including but not limited to claims arising before the existence of these Terms, shall be resolved exclusively through final and binding arbitration, rather than in a court of law. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16) and shall survive termination of these Terms and your use of the Site.
11.2 Arbitration Rules and Forum. Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (or Commercial Arbitration Rules for disputes exceeding $75,000) then in effect, as modified by this Section. The AAA Rules are available at www.adr.org. If the AAA is unavailable, the parties shall mutually agree on an alternative arbitration forum or, failing agreement, a court of competent jurisdiction shall appoint an arbitrator. The arbitration shall be conducted by a single arbitrator with expertise in financial services or commercial law.
11.3 Location. The arbitration shall be held in Broward County, Florida, unless you and NJA mutually agree to a different location. For claims of $10,000 or less, you may choose whether the arbitration is conducted in person, by telephone, by videoconference, or based solely on written submissions.
11.4 Arbitrator’s Authority. The arbitrator shall have exclusive authority to resolve all Disputes, including threshold questions of arbitrability, the formation, existence, scope, validity, and enforceability of this arbitration agreement, and any claim that all or any part of this arbitration agreement is void or voidable. The arbitrator shall have the authority to grant any remedy that would otherwise be available in court, except that the arbitrator shall not have the authority to conduct a class arbitration or a representative action. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
11.5 Costs. Payment of all filing, administration, and arbitrator fees shall be governed by the AAA Rules. If you demonstrate that the costs of arbitration will be prohibitive compared to the costs of litigation, NJA will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. NJA will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines your claim is frivolous.
11.6 Class Action Waiver. YOU AND NJA AGREE THAT EACH PARTY MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATED ARBITRATION. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void, and all Disputes shall be resolved in court.
11.7 Opt-Out. You may opt out of this arbitration agreement by sending a written notice of your decision to opt out to: Neil Jesani Advisors, Inc., Attn: Legal — Arbitration Opt-Out, 1301 International Parkway, Suite 550, Sunrise, FL 33323, within thirty (30) days of first accepting these Terms. Your notice must include your full name, mailing address, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you timely opt out, you will not be bound by this arbitration provision, but all other provisions of these Terms will continue to apply.
11.8 Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the jurisdiction of that court. Additionally, either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending the completion of arbitration.
11.9 Severability. If any provision of this arbitration agreement is found to be unenforceable, that provision shall be severed and the remainder of this arbitration agreement shall remain in full force and effect (except as provided in Section 11.6 regarding the class action waiver).
12. Governing Law and Jurisdiction
These Terms and any Disputes not subject to arbitration shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. For any Dispute not subject to arbitration, you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Broward County, Florida, and you waive any objection to such jurisdiction or venue on the grounds of inconvenient forum or otherwise.
13. Waiver of Jury Trial
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NJA EACH IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICES, OR THE RELATIONSHIP BETWEEN YOU AND NJA.
14. SEC Registration and Regulatory Disclosures
Neil Jesani Advisors, Inc. is registered with the U.S. Securities and Exchange Commission as an investment advisor. Registration with the SEC does not constitute an endorsement by the SEC and does not imply a certain level of skill, training, or ability. Our Form ADV Parts 1 and 2 (including our Firm Brochure and Brochure Supplement) are available upon request and are filed with the SEC’s Investment Adviser Public Disclosure (IAPD) system at adviserinfo.sec.gov.
Our advisory services are provided only pursuant to a written investment advisory agreement. No advisory relationship is established by your use of the Site, submission of a form, or any other interaction with us prior to the execution of a formal advisory agreement. All advisory services are subject to the terms and conditions of the applicable investment advisory agreement.
Advisory services are offered only in jurisdictions where NJA is properly registered or exempt from registration. This Site does not constitute an offer to provide advisory services in any jurisdiction where such offer would be unlawful.
15. Forward-Looking Statements
The Site may contain forward-looking statements, projections, predictions, opinions, and hypothetical scenarios regarding future market conditions, economic trends, investment performance, or other future events. These forward-looking statements are based on current expectations, assumptions, and beliefs that are inherently uncertain and subject to significant risks. Actual results may differ materially from those expressed or implied in any forward-looking statement. You should not rely on forward-looking statements as predictions of future events or as guarantees of any particular outcome. We undertake no obligation to update or revise any forward-looking statements.
16. Testimonials and Reviews
The Site may display client testimonials, reviews, ratings, or endorsements from third-party review platforms. Testimonials and reviews reflect the individual experiences and opinions of those clients or reviewers and do not necessarily represent the experience of all clients. Testimonials are not indicative of future performance or success. No compensation has been paid for testimonials unless specifically disclosed. The display of third-party reviews does not constitute an endorsement by NJA of the review platform or its practices.
17. Email and Electronic Communications
By providing your email address or other contact information through the Site, you consent to receive electronic communications from us, including but not limited to email newsletters, marketing communications, account notifications, and administrative messages. You agree that electronic communications satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications at any time, but you may not opt out of administrative or transactional communications related to your account or our legal obligations.
Email and other electronic communications are not secure methods of transmitting information. You acknowledge the risk inherent in electronic communication and agree not to transmit sensitive financial information (account numbers, Social Security numbers, passwords) via unencrypted email. We are not responsible for any loss, damage, or liability arising from the interception of electronic communications by unauthorized third parties.
18. Website Availability and Modifications
We reserve the right to modify, suspend, or discontinue the Site or any portion thereof at any time, with or without notice, for any reason or no reason. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site. We do not guarantee that the Site will be available at all times or that access will be uninterrupted.
19. Force Majeure
NJA shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, government actions or orders, labor disputes, power outages, internet or telecommunications failures, cyberattacks, or any other force majeure event.
20. Statute of Limitations
You agree that any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred. This limitation applies regardless of whether the claim or cause of action sounds in contract, tort, or otherwise, and regardless of any statute of limitations that would otherwise apply.
21. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, such provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect.
22. Waiver
No waiver by NJA of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by NJA to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of NJA to be effective.
23. Entire Agreement
These Terms, together with our Privacy Policy and any applicable investment advisory agreement, constitute the entire agreement between you and NJA regarding your use of the Site and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written, regarding the subject matter hereof. In the event of a conflict between these Terms and any investment advisory agreement, the investment advisory agreement shall control with respect to advisory services.
24. Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of NJA. NJA may assign, transfer, or delegate its rights and obligations under these Terms without restriction and without notice to you. Any purported assignment in violation of this section is null and void.
25. Modifications to Terms
We reserve the right to modify, amend, or update these Terms at any time and for any reason. Any modifications will be effective immediately upon posting the revised Terms on the Site with the updated “Last Updated” date. Your continued use of the Site after the posting of any modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes. If you do not agree to any modified Terms, you must immediately discontinue use of the Site.
26. Contact Information
If you have any questions, concerns, or requests regarding these Terms, please contact us at:
Neil Jesani Advisors, Inc.
1301 International Parkway, Suite 550
Sunrise, FL 33323
Phone: (800) 758-3101
Email: hello@neiljesani.com