TERMS OF USE
The1031Exchange.com web site (the “Site”) is a service of The1031Exchange.com (“The1031Exchange.com,” “us,” “our,” or “we”). These The1031Exchange.com Terms of Use (“Terms of Use”) set forth the terms and conditions applicable to your access and use of the Site.
BY ACCESSING OR USING THE SITE, REGISTERING WITH THE SITE, AND/OR BY CHECKING THE BOX SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS OF USE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE.
PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF USE OR ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY WARRANTY AND SUBJECT TO LIMITATIONS ON OUR LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 5 AND 7 BELOW.
1. General Use and Restrictions.
1.1 Use of Site.
Subject to the provisions contained in these Terms of Use, including, without limitation, Section 1.4 below, you may access and use the Site solely to view information about the products and services offered by The1031Exchange.com (including, without limitation, information about the properties listed on the Site) for your own internal business purposes. You agree not to access or use the Site for any other purpose, including, without limitation, any purpose that is prohibited by these Terms of Use or that is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts, and applicable licenses regarding your use of the Site. We may, in our sole discretion, terminate or suspend your access to and/or use of the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason).
1.2 Information Provided.
If you provide any information to us, you agree to provide only true, accurate, current, and complete information. You further agree to update all such information promptly after any change and that you will not provide any information to the Site that:
(a) may infringe a copyright, trademark, or any other intellectual property right;
(b) may violate the privacy rights of another; or
(c) may violate any applicable municipal, state, or federal law, rule, regulation, or ordinance, in each instance when used as contemplated by the Site.
1.3 Use of Content.
You may print a single copy of any price, property listing, conditions, photos, projections, webcasts, assumptions, estimates, and/or other information displayed or transmitted on the Site (collectively, “Content”) that you are authorized to access, provided that you:
(a) do not remove any notices or other information contained on such Content, and
(b) strictly comply with the provisions of these Terms of Use, including, without limitation, Section 1.4 below.
1.4 Restrictions.
Other than printing a single copy of particular Content as provided in Section 1.3 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, distribute, perform, or display any Content or any copy thereof without first receiving our express written permission.
2. Registration.
Certain portions of the Site may be accessible only to users that register to use those portions of the Site (“Registered Users”). If you register to use the Site, you will choose or be issued a username and password and, once you have a username and password, you will be considered a Registered User and issued an account to use the Site.
3. Linking and Third-Party Dealings.
3.1 Links to External Sites.
We may provide hyperlinks to other websites and Internet resources operated by parties other than The1031Exchange.com. We have no control over such sites and resources or their privacy policies.
4. Intellectual Property.
Except for Content that is in the public domain, the Site and all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) The1031Exchange.com and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws. The1031Exchange.com, The1031Exchange.com logos, and all related logos are either trademarks or registered trademarks of The1031Exchange.com or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
5. No Warranties.
The Site is provided on an “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” basis.
6. Indemnification.
You hereby agree to indemnify and hold harmless The1031Exchange.com and its affiliates, officers, directors, employees, shareholders, information providers, suppliers, and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs.
7. Limitation of Liability.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL The1031Exchange.com AND/OR ITS SUPPLIERS BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR THE USE OR PERFORMANCE OF THE SITE.
