Terms of Use

Important Notice
Please read these Terms of Use carefully. This document contains an arbitration agreement and other provisions that affect your legal rights, remedies, and obligations. The arbitration agreement limits the liability of 1031 Advantage and requires individual arbitration for legal disputes between you and 1031 Advantage.
1. Introduction
1031 Advantage, LLC (“1031 Advantage”) serves as a qualified intermediary facilitating tax-deferred exchanges under Section 1031 of the Internal Revenue Code. These Terms of Use (“Terms”) govern your access to and use of the website located at https://www.1031Advantage.net (“Site”) and all associated services, products, features, technologies, and content (“Services”). By accessing or using the Site or Services, you agree to comply with these Terms and all applicable laws and regulations.
2. Amendments
1031 Advantage may revise these Terms at any time by posting updated Terms on the Site. Changes become effective prospectively as of the date posted. It is your responsibility to review these Terms periodically. Continued use of the Services constitutes acceptance of any revised Terms.
3. Additional Terms
Certain Services may be subject to additional terms, conditions, policies, or guidelines (“Additional Terms”), which are incorporated herein by reference. In the event of a conflict, the Additional Terms shall prevail.
4. Eligibility
You may use the Services only if you are able to form a legally binding contract, are at least eighteen (18) years of age, and are a resident of the United States. 1031 Advantage reserves the right to deny Services at its sole discretion.
5. Account Registration and Security
When creating an account, you must provide accurate and up-to-date information and maintain the confidentiality of your credentials. You are responsible for all activities under your account. 1031 Advantage reserves the right to suspend or terminate accounts at its discretion.
6. Description of Services
As a qualified intermediary, 1031 Advantage assists real estate investors in completing like-kind exchanges to defer capital gains taxes.
7. Purchases and Payments
You agree to provide accurate account and payment information for all purchases. Prices and fees may change at any time. All payments must be made in US dollars. 1031 Advantage reserves the right to correct pricing errors and refuse or limit orders at its discretion.
8. Refund Policy
1031 Advantage will refund the exchange fee for an unsuccessfully completed 1031 exchange.
9. Prohibited Activities
You are prohibited from using the Services for any unauthorized or unlawful purposes, including but not limited to: data mining, fraud, security circumvention, harassment, impersonation, and infringement of intellectual property rights. Violations may result in suspension or termination of access.
10. Territorial Restrictions
Software and data transmissions associated with the Services are subject to United States export controls. You agree to comply with all applicable domestic and international laws.
11. Intellectual Property
All content, software, and trademarks associated with the Services are the property of 1031 Advantage or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license for personal, non-commercial use, subject to compliance with these Terms. Any unauthorized use is strictly prohibited.
12. User Content and Reviews
You may submit content, including inputs to ARTE and user reviews. You retain ownership of your inputs, but grant 1031 Advantage a license to use, reproduce, and distribute your contributions. You are responsible for ensuring that your content does not violate any laws or third-party rights. 1031 Advantage reserves the right to remove or edit content at its discretion.
13. Copyright Complaints
If you believe that material available through the Services infringes your copyright, please notify 1031 Advantage using the contact information provided.
14. Termination
1031 Advantage may suspend, restrict, or terminate your account or access to the Services for any reason, including suspected fraudulent or prohibited activity. Upon termination, you are prohibited from registering a new account.
15. Disclaimer of Warranties
The Services are provided “as is” and “as available.” 1031 Advantage disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Use the Services at your own risk.
16. Limitation of Liability
In no event shall 1031 Advantage, its affiliates, or service providers be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the Services. Liability is limited to the amount paid by you in the six months preceding any claim.
17. Indemnification
You agree to indemnify and hold harmless 1031 Advantage and its affiliates from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.
18. User Data
1031 Advantage may maintain data transmitted through the Services for operational purposes. You are responsible for all data related to your activities. 1031 Advantage is not liable for any loss or corruption of such data.
By providing your phone number, you consent to receive conversational messages from 1031 Advantage LLC. Message frequency may vary. On average, you may receive 1-2 messages per month. Message and data rates may apply.
To unsubscribe from SMS messages at any time, reply STOP. For assistance, reply HELP.
For more information on how your data is handled, please review our Privacy Policy at https://www.1031advantage.net/items/privacy-policy.
19. California Users
California residents may contact the Division of Consumer Services of the California Department of Consumer Affairs for unresolved complaints.
20. Governing Law and Venue
These Terms are governed by the laws of the State of New York. Any disputes not subject to arbitration shall be resolved in the state or federal courts located in New York County, New York.
21. Dispute Resolution and Arbitration
All disputes between you and 1031 Advantage shall be resolved exclusively through binding arbitration, except for qualifying small claims. You may opt out of arbitration by providing written notice within 60 days of acceptance of these Terms. Class action waivers apply. Arbitration will be conducted in accordance with the rules of the American Arbitration Association.
22. General Provisions
These Terms constitute the entire agreement between you and 1031 Advantage regarding the Services. 1031 Advantage may assign these Terms without restriction. Notices may be provided electronically or by mail.
23. Contact Information
For questions or complaints regarding the Services, please contact 1031 Advantage at info@1031Advantage.net.