Terms and Conditions

Welcome to 1031Markets.com (the “Website”), operated by 1031 Markets (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Website.

1. Acceptance of Terms

By using the Website, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Website on behalf of an entity, you represent that you have the authority to bind that entity to these Terms. These Terms may be updated from time to time at our sole discretion. The updated Terms will be effective upon posting on the Website, and your continued use of the Website constitutes acceptance of the updated Terms.

2. Purpose of the Website

1031Markets.com is a platform designed to assist users (“Users”) participating in Internal Revenue Code Section 1031 exchanges (“1031 Exchanges”) by providing information, resources, and listings related to replacement properties. The Website facilitates connections between Users and property sellers, brokers, or other third parties but does not act as a real estate broker, agent, qualified intermediary, or legal advisor unless explicitly stated. All transactions and agreements related to 1031 Exchanges or property acquisitions are conducted directly between Users and third parties, and we are not a party to such agreements.

3. User Accounts

3.1 Registration

To access certain features of the Website, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to notify us immediately at info@1031Markets.com if you suspect any unauthorized use of your account or any security breach. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Termination

We reserve the right to suspend or terminate your account at our discretion, including for violations of these Terms, fraudulent activity, or misuse of the Website.

4. Use of the Website

4.1 Permitted Use

You may use the Website solely for lawful purposes related to researching, identifying, or facilitating 1031 Exchanges or replacement property transactions. You agree not to use the Website:

• In any way that violates applicable federal, state, or local laws, including IRS regulations governing 1031 Exchanges.
• To engage in fraudulent, deceptive, or misleading practices.
• To interfere with or disrupt the Website’s functionality, servers, or networks.
• To upload or transmit viruses, malware, or any harmful code.
• To collect or harvest personal information from other Users without their consent.

4.2 Intellectual Property

All content on the Website, including text, graphics, logos, images, and software, is the property of 1031 Markets or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without our prior written consent.

4.3 User Content

Any content you submit to the Website, such as property listings, comments, or reviews (“User Content”), must be accurate and lawful. By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content in connection with the Website. You are solely responsible for the accuracy and legality of your User Content.

5. 1031 Exchange Disclaimer

5.1 No Professional Advice

The Website provides general information about 1031 Exchanges and replacement properties for informational purposes only. We are not licensed real estate brokers, attorneys, accountants, or qualified intermediaries unless explicitly stated. The information provided on the Website does not constitute legal, tax, financial, or real estate advice. You should consult with qualified professionals (e.g., attorneys, accountants, or qualified intermediaries) before engaging in any 1031 Exchange or property transaction.

5.2 Compliance with IRS Regulations

Users are solely responsible for ensuring that their 1031 Exchange transactions comply with all applicable IRS regulations, including timelines, identification rules, and other requirements. We do not guarantee the eligibility of any property listed on the Website as a valid replacement property for a 1031 Exchange.

5.3 Third-Party Transactions

Any agreements, negotiations, or transactions related to properties listed on the Website are between you and the relevant third party (e.g., seller, broker, or qualified intermediary). We are not responsible for the terms, performance, or outcome of such transactions.

6. Third-Party Links and Services

The Website may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You access third-party links at your own risk.

7. Fees and Payments

7.1 Subscription or Service Fees

Certain features or services on the Website may require payment of fees, such as subscription plans or listing fees. All fees will be clearly disclosed before you incur any charges. Fees are non-refundable unless otherwise stated.

7.2 Payment Processing

Payments are processed through third-party payment processors. By making a payment, you agree to the terms and conditions of the applicable payment processor. We are not responsible for errors or issues arising from payment processing.

8. Limitation of Liability

To the fullest extent permitted by law, 1031 Markets, its affiliates, officers, directors, employees, or agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to:

• Your use of or inability to use the Website.
• The accuracy, completeness, or availability of information on the Website.
• Any transactions or agreements with third parties facilitated through the Website.
• Any errors, delays, or interruptions in the Website’s operation.

Our total liability to you for any claim arising from these Terms or your use of the Website shall not exceed the amount you paid to us, if any, for accessing the Website.

9. Disclaimer of Warranties

The Website is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Website will be uninterrupted, error-free, or secure, or that any defects will be corrected.

10. Indemnification

You agree to indemnify, defend, and hold harmless 1031 Markets, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your violation of these Terms.
• Your use of the Website.
• Your User Content.
• Your violation of any third-party rights or applicable laws.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles.

11.2 Dispute Resolution

Any disputes arising out of or related to these Terms or your use of the Website shall be resolved through binding arbitration in Las Vegas, Nevada, in accordance with the rules of the American Arbitration Association. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive relief in any court to enforce our intellectual property rights or prevent irreparable harm.

12. Termination

We may terminate or suspend your access to the Website at any time, with or without cause, and with or without notice. Upon termination, your right to use the Website will cease immediately, and any provisions of these Terms that by their nature should survive termination (e.g., limitation of liability, indemnification) shall remain in effect.

13. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Website, please contact us at:

1031 Markets
info@1031Markets.com
113 Hutton Lane, Las Vegas, Nevada, 89145

We will respond to inquiries as soon as reasonably possible.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and 1031 Markets regarding your use of the Website and supersede any prior agreements.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at our discretion.

14.5 Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including natural disasters, wars, or governmental actions.

Ronald Costa
Nevada Real Estate Salesperson License #S.60336
Key Advantage Realty
9890 S. Maryland Pkwy, #200A
Las Vegas, NV 89183
Phone: 702-336-5554