Terms of Use

Acceptance of Terms

By accessing and using the 1031 Exchange Albuquerque website ("Website") and our services ("Services"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Use constitute a legally binding agreement between you and 1031 Exchange Albuquerque. By using our Website or Services, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement.

Description of Services

1031 Exchange Albuquerque provides information and services related to Section 1031 tax-deferred exchanges, including but not limited to:

• Educational content about 1031 exchanges
• Property identification and matching services
• Coordination with Qualified Intermediaries
• Connection to real estate professionals and lenders
• Contact forms and communication tools
• Educational tools and calculators

User Responsibilities

Account and Registration

If you create an account or submit information through our contact forms, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

Acceptable Use

You agree not to use our Website or Services to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of our Website
• Use automated tools to access our services without permission
• Misrepresent your identity or affiliation

Intellectual Property Rights

All content, features, and functionality on our Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, are owned by 1031 Exchange Albuquerque or licensed to us and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our content without prior written consent.

The 1031 Exchange Albuquerque name, logo, and related marks are trademarks of our company. You may not use these marks without our prior written permission.

Disclaimers and Limitations

No Professional Advice

You should always consult with qualified professionals including:

• A Qualified Intermediary (QI) for 1031 exchange facilitation
• A tax advisor or CPA familiar with Section 1031 rules
• A real estate attorney licensed in your jurisdiction
• A financial advisor appropriate for your situation

Service Limitations

Our services are provided "as is" and "as available" without warranties of any kind. We disclaim all warranties, express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Accuracy, completeness, or reliability of information
• Uninterrupted or error-free service
• Security of data transmission
• Compatibility with your systems or software

Market and Property Information

Property listings, market data, and investment information provided through our services are for informational purposes only. We do not guarantee the accuracy, completeness, or timeliness of such information. Real estate markets and property values can change rapidly, and past performance does not guarantee future results.

Limitation of Liability

To the fullest extent permitted by applicable law, 1031 Exchange Albuquerque and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or use
• Business interruption or lost opportunities
• Tax liabilities or financial losses
• Legal fees or costs
• Damages arising from your use of our services

Our total liability for any claim arising out of or relating to these Terms or our services shall not exceed the amount paid by you to us for the services in the 12 months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless 1031 Exchange Albuquerque and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, demands, losses, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our Website or Services
• Your violation of these Terms of Use
• Your violation of any third-party rights
• Any content you submit or transmit through our services
• Your violation of applicable laws or regulations

Termination

We reserve the right to terminate or suspend your access to our Website and Services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to breach of these Terms of Use.

Upon termination, your right to use our services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Mexico (NM), without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or our services shall be resolved exclusively in the state or federal courts located in Albuquerque, NM, and you hereby consent to the jurisdiction of such courts.

Dispute Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at [email protected] to seek an informal resolution. We will work in good faith to resolve any disputes amicably.

If informal resolution is not possible, any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration conducted in Albuquerque, NM.

Severability

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and 1031 Exchange Albuquerque regarding the use of our Website and Services, superseding any prior agreements or understandings.

Changes to Terms

We reserve the right to modify these Terms of Use at any time. We will notify users of material changes by:

• Posting the updated terms on our website
• Sending email notification to registered users
• Providing notice through our services

Your continued use of our Website or Services after any such changes constitutes your acceptance of the new Terms of Use.

Contact Information

If you have any questions about these Terms of Use, please contact us:

Acknowledgment

Last updated: November 16, 2025