Terms of Service

3.1 Directory Access

You do not need to register or pay fees to browse the Directory and view publicly available professional profiles and educational content.

3.2 Lead Generation Service

When you submit a lead generation request through our forms, you authorize us to share your contact information and project details with professionals in our Directory who may be able to assist you. You may receive contact from multiple professionals as a result of your inquiry.

4.1 No Professional Relationship

1031RULE DOES NOT PROVIDE LEGAL, TAX, FINANCIAL, REAL ESTATE BROKERAGE, OR 1031 EXCHANGE SERVICES. We are a directory and lead generation platform only. We do not:

• Act as a Qualified Intermediary
• Provide tax or legal advice
• Recommend specific investments or properties
• Act as a real estate broker or agent
• Guarantee the qualifications or performance of listed professionals

4.2 No Endorsement

WE DO NOT RECOMMEND, ENDORSE, OR GUARANTEE ANY PROFESSIONAL LISTED IN THE DIRECTORY. The inclusion of any professional in our Directory does not constitute an endorsement, recommendation, or guarantee of their services, qualifications, or performance.

4.3 Information Accuracy

All content on the Platform, including professional profiles, articles, and educational materials, is provided for general informational purposes only and should not be relied upon as professional advice. You should:

• Conduct your own due diligence on any professional
• Verify licenses and credentials independently
• Consult with qualified professionals before making decisions
• Understand that 1031 exchanges have strict IRS requirements and deadlines

4.4 User Responsibility

YOU ARE SOLELY RESPONSIBLE FOR:

• Selecting and vetting professionals
• Any agreements or transactions with professionals
• Compliance with IRS 1031 exchange requirements
• Meeting all legal and tax obligations
• Evaluating the suitability of any property or investment

5.1 Professional Listings

Professionals listed in the Directory are solely responsible for:

• Accuracy of their profile information
• Maintaining required licenses and credentials
• Compliance with all applicable laws and regulations
• Their conduct and performance of services
• Any content they submit to the Platform

5.2 Professional Categories

The Directory includes professionals in the following categories:

• Qualified Intermediaries (QIs)
• Delaware Statutory Trust (DST) Advisors
• Commercial Real Estate Brokers
• Real Estate Attorneys
• CPAs and Tax Advisors
• Title and Escrow Companies
• Commercial Lenders

6.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your personal or business use.

6.2 Restrictions

You may NOT:

• Copy, modify, or create derivative works of the Services
• Use automated systems (bots, scrapers) to access the Services
• Download or scrape professional contact information from the Directory
• Reproduce or republish our content without permission
• Frame or mirror any part of the Services
• Use the Services for any unlawful purpose
• Reverse engineer or attempt to access our source code
• Use the Services to compete with 1031rule
• Send spam or unsolicited communications to professionals or users
• Impersonate any person or entity
• Submit false or misleading information

6.3 Permitted Uses

You may:

• Print or save pages for personal reference
• Link to our Site (with proper attribution)
• Share content via provided social media features
• Store copies as required by professional regulatory requirements

7.1 License to User Content

By submitting content to the Services (reviews, comments, questions, profile information, etc.), you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license to use, display, reproduce, modify, and distribute your content in connection with operating the Services.

7.2 Content Standards

You agree that all content you submit will:

• Be accurate and truthful
• Not violate any laws or third-party rights
• Not contain malicious code or spam
• Not infringe copyrights, trademarks, or other intellectual property
• Not contain personal identification documents or sensitive financial data
• Not be defamatory, obscene, threatening, or harassing

7.3 Professional Standards

If you are a listed professional, you additionally agree to:

• Maintain accurate profile information
• Promptly update changes to credentials or contact information
• Respond professionally to inquiries and reviews
• Comply with all applicable professional regulations
• Disclose all material conflicts of interest
• Not make misleading claims about your services or qualifications

8.1 Ownership

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, images, software, and compilation, are owned by 1031rule or our licensors and are protected by copyright, trademark, and other intellectual property laws.

8.2 Feedback

Any suggestions, ideas, or feedback you provide about the Services may be used by us without any obligation or compensation to you.

10.1 Consent to Contact

By submitting a lead generation request, you consent to being contacted by:

• Professionals in our Directory
• 1031rule for service-related communications
• Third-party service providers acting on our behalf

10.2 Communication Methods

Professionals may contact you via:

• Phone (including mobile/SMS if provided)
• Email
• Other contact methods you provide

10.3 Opt-Out

You may opt out of further communications by:

• Contacting the professional directly
• Following unsubscribe instructions in emails
• Contacting us at [email protected]

13.1 Termination by 1031rule

We may suspend or terminate your access to the Services at any time, with or without cause or notice, including for:

• Violation of these Terms
• Fraudulent or illegal activity
• Complaints from users or professionals
• Any reason in our sole discretion

13.2 Termination by You

You may stop using the Services at any time. If you have an account, you may request account deletion by contacting us.

13.3 Effect of Termination

Upon termination:

• Your right to access the Services ends immediately
• We may delete your account and content
• Professional listings will be removed
• Provisions that should survive termination will remain in effect

14.1 "AS IS" Services

THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." We make no warranties, express or implied, including:

• Warranties of merchantability or fitness for a particular purpose
• That the Services will be uninterrupted, secure, or error-free
• That information on the Platform is accurate or complete
• That listed professionals are qualified or will perform satisfactorily
• That using the Services will result in successful 1031 exchanges

14.2 No Guarantee of Results

WE DO NOT GUARANTEE:

• That you will find suitable professionals
• That professionals will respond to inquiries
• That 1031 exchanges facilitated by professionals found on this website will be successful
• That professional services will meet IRS requirements
• Tax benefits, investment returns, or any financial outcomes

14.3 Your Own Diligence Required

YOU ACKNOWLEDGE THAT:

• You must conduct your own due diligence on all professionals
• You are responsible for verifying credentials and licenses
• You should independently confirm all information
• Professional relationships are between you and the professional
• 1031 exchanges have complex legal and tax requirements requiring professional guidance

15.1 No Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

• Lost profits or business opportunities
• Failed 1031 exchanges or missed deadlines
• Tax penalties or disqualified exchanges
• Investment losses
• Professional malpractice by listed professionals
• Data loss or corruption
• Business interruption

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED $100.

15.3 Professional Liability

WE ARE NOT LIABLE FOR:

• Actions or omissions of listed professionals
• Quality or outcome of professional services
• Professional malpractice or negligence
• Missed 1031 exchange deadlines
• Tax consequences or IRS determinations
• Disputes between you and professionals

15.4 Basis of Bargain

You acknowledge that these limitations are fundamental to our business model and that we could not provide free access to the Services without these protections.

18.1 Governing Law

These Terms shall be governed by the laws of the State of Nebraska, without regard to conflict of law provisions.

18.2 ARBITRATION AGREEMENT

18.3 Opt-Out Right

You may opt out of arbitration by sending written notice to [email protected] within 30 days of first using the Services. If you opt out, disputes must be resolved in court.

18.4 Small Claims Exception

Either party may bring an individual action in small claims court instead of arbitration.

18.5 Equitable Relief

We may seek injunctive or equitable relief in any court of competent jurisdiction to protect our intellectual property or confidential information.

18.6 Time Limit for Claims

ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR IT IS PERMANENTLY BARRED.

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and 1031rule regarding the Services.

19.2 Severability

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

19.3 Waiver

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

19.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

19.5 No Agency

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and 1031rule.

19.6 Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control.

19.7 Electronic Communications

You consent to receive communications from us electronically, and agree that electronic communications satisfy any legal requirements for written communications.

19.8 Notice

We may provide notices via email, platform posting, or mail. Notices are effective 24 hours after email, 3 days after mailing, or 30 days after platform posting.

19.9 Geographic Restrictions

The Services are based in the United States and intended for U.S. users. We make no claims that the Services are appropriate for use outside the U.S.

19.10 Survival

Provisions that should reasonably survive termination (including liability limitations, indemnification, and dispute resolution) shall survive termination of these Terms.