TERMS OF USE

Effective Date: Jan 2025

Welcome to Institutional 1031, Inc. (“Institutional 1031,” “we,” “our,” or “us”).

By accessing or using www.institutional1031.com (the “Website”) or any tools, documents, or communications provided through it (collectively, the “Services”), you agree to these Terms of Use. If you do not agree, do not use this Website.

1. Purpose of the Website

  • The Website provides educational information about Section 1031 like-kind exchanges and access to Qualified Intermediary services.
  • All content is for informational purposes only and does not constitute legal, tax, or investment advice. You should consult your own attorney, CPA, or financial advisor regarding your specific situation.

    • 2. Use of Qualified Intermediary Services

  • Execution of a 1031 exchange requires a written Qualified Exchange Agreement (“QEA”) between you and Institutional 1031.
  • Your use of the Website does not create a QI relationship, fiduciary duty, or escrow obligation until a signed QEA is accepted by both parties.

    • 3. Eligibility

  • You must be at least 18 years old and legally authorized to enter into binding contracts in the United States to use this Website or our Services.

    • 4. No Legal or Tax Advice

  • Institutional 1031 and its employees are not attorneys or tax advisors.
  • Information, calculators, and materials provided here are educational only and should not be relied upon to make legal, tax, or accounting decisions.
  • You are responsible for obtaining professional advice tailored to your transaction.

    • 5. Intellectual Property

  • All Website content—including text, graphics, design, trademarks, and logos—is owned by or licensed to Institutional 1031 and protected by U.S. copyright and trademark laws.
  • You may view, download, or print materials solely for personal or professional use related to a potential exchange.
  • You may not copy, modify, or distribute any content without prior written consent.

    • 6. User Conduct

    You agree not to:

  • Upload or transmit false, misleading, or unlawful information.
  • Attempt to gain unauthorized access to systems or data.
  • Interfere with Website security or functionality.
  • Use the Website for advertising or solicitation without written permission.

    7. Disclaimers

  • The Website and Services are provided “as is” and “as available.”
  • Institutional 1031 makes no warranties—express or implied—regarding accuracy, reliability, or fitness for a particular purpose.
  • We do not guarantee any outcome of a 1031 exchange or any tax deferral benefit.
  • Website availability and uptime may vary due to maintenance, banking, or regulatory factors.

    • 8. Limitation of Liability

    To the fullest extent permitted by law, Institutional 1031 and its officers, directors, employees, and agents are not liablefor any direct, indirect, incidental, consequential, or punitive damages arising from:

  • Use or inability to use the Website or Services,
  • Errors or omissions in information, or
  • Unauthorized access to or alteration of transmissions or data.
  • Your sole remedy is to stop using the Website.

    • 9. Links to Third Parties

  • This Website may contain links to third-party portals, custodial banks, or resource sites.
  • Institutional 1031 is not responsible for the content, privacy, or security practices of those external sites.
  • Access them at your own risk.

    • 10. Privacy and Data Security

  • Your use of the Website is also governed by our Privacy Policy.
  • By using our Services, you consent to the collection and use of your information as described there.
  • All client funds are held only in qualified, segregated trust or escrow accounts under applicable IRS and state rules.

    • 11. Governing Law and Venue

  • These Terms are governed by the laws of the State of Delaware, without regard to conflicts of law principles.
  • Any dispute shall be resolved in the state or federal courts located in Delaware, and you consent to that jurisdiction.

    • 12. Updates to These Terms

  • We may modify these Terms periodically. The revised version will be posted on this page with a new effective date.
  • Continued use of the Website after updates means you accept the new Terms.

    • 13. Contact Us

    For questions about these Terms or our services, contact:

    Institutional 1031, Inc.

    900 E.ilton Avenue, Suite 100
    Campbell, California 95008

    Email: [email protected]

    Phone: 866 550 1031