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Terms of Use

TERMS OF USE

PLEASE READ THESE LEGAL TERMS, CONDITIONS AND DISCLOSURES CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES HEREOF, YOU AGREE TO BE BOUND BY THE LEGAL TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE LEGAL TERMS AND CONDITIONS, DO NOT ACCESS THIS SITE, OR ANY PAGES HEREOF.


1.  These Terms of Use ("TOU") set forth the entire agreement between the parties relating to the use of this site. 1031 NetEx, Network Real Estate, and its parent, affiliates and/or subsidiaries, and any officer director employee, subcontractor, agent, successor or assign,   ("1031 NetEx," "we," "us," or "our") can revise or update these TOU at any time by updating this posting, without notice to you.  The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. Your subscription for access to the website may be terminated immediately upon notice to 1031NetEx if any change is unacceptable.  Continued use of the website following any change constitutes acceptance of the change.

2.  1031 NETEX DOES NOT PROVIDE TAX OR LEGAL ADVICE. INVESTORS SHOULD ALWAYS SEEK THE ADVICE OF THEIR TAX AND/OR LEGAL ADVISORS REGARDING THEIR SPECIFIC SITUATION.  1031NETEX DOES NOT RENDER ADVICE OR OPINIONS REGARDING THE BUYING OR SELLING OF REAL ESTATE.

3.  The subscribers and users of 1031NetEx maintain complete autonomy, perform their professional or investment activities on an independent basis, and are not affiliated for the joint practice of real estate brokerage or the buying and selling of real estate. No member or user of 1031NetEx is responsible for the activities, work, or professional services engaged in, or any advice or opinions provided by any other member or user of 1031NetEx.

4.  By creating an account or otherwise registering with this site, you hereby understand and agree that you have established a business relationship between you and 1031NetEx, which is the owner of this site. As such, you agree that 1031NetEx may contact you using the information you provided with information and offers of services available through 1031NetEx and any of its websites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list.

5.  This website is owned by 1031NetEx. Subscribers, users, and others visitors who choose to use this website do so on their own initiative. Those subscribers and other visitors are solely responsible for compliance with all laws, rules and regulations -- federal, state, local or foreign -- applicable to the use of this website and the information, content, material and services contained herein.

6.  Claims relating to this website, to the use of this website, and to the information, content and material available through this website are governed by the local laws of the State of California and the federal laws of the United States, as applicable. You hereby unconditionally, voluntarily and irrevocably consent to submit to the exclusive jurisdiction of the state and federal courts situated in Orange County, USA, in any claim or dispute concerning, relating to, or arising from this website and any information received through this website. You agree not to plead forum non conveniens in any such action and you consent to service of process.

7.  If any of the services requires you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify 1031NetEx immediately of any unauthorized use of your account or any other breach of security. 1031NetEx will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by 1031NetEx or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder.

8.  As a condition of your use of the services, you will not use the services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the services in any manner that could damage, disable, overburden, or impair any 1031NetEx server, or the network(s) connected to any 1031NetEx server, or interfere with any other party's use and enjoyment of any services. You may not attempt to gain unauthorized access to any services, other accounts, computer systems or networks connected to any 1031NetEx server or to any of the services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the services. You agree to use this website only for lawful purposes. You agree to use this website only for its intended purposes.  1031NetEx reserves the right to prohibit any conduct involving this website that it deems to be inappropriate. You agree not to disrupt this website. You agree not to interfere with or compromise the security of this website, or any computer, server, account, network, data, software and/or hardware associated with this website. You agree not to disrupt or interfere with any other visitor's use of this website. You agree not to attempt to obtain access to any portion of this website, any computer, server, account, network, software and/or hardware associated with the website, from which you are restricted. You agree that you are solely responsible for any actions you undertake while visiting this website and that you will comply with all applicable local, state, national, and international laws and regulations applicable to this website and the Internet, including all applicable copyright and export regulations. You warrant that all information that you provide to gain access to the information provided by this website is accurate and truthful.

9.  The services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets, and/or other message or communication facilities designed to enable you to communicate with others. You agree to use the services only to post, send, and receive messages and material that are legal, proper, and appropriate to the mission of 1031NetEx and its website. By way of example, and not as a limitation, you agree that when using the services, you will not: use the services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; advertise or offer to sell or buy any goods or services, unless such 1031NetEx specifically allows such messages; download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the services; violate any code of conduct or other guidelines which may be applicable for any particular communication service; harvest or otherwise collect information about others, including e-mail addresses; violate any applicable laws or regulations; create a false identity for the purpose of misleading others; use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the services or other user or usage information or any portion thereof.

10.  1031NetEx has no obligation to monitor the materials posted to the website and its services. However, 1031NetEx reserves the right to review materials posted to the website and its services and to remove any materials in its sole discretion. 1031NetEx reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.

11.  1031NetEx reserves the right at all times to disclose any information as 1031NetEx deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in 1031NetEx's sole discretion.

12.  Always use caution when giving out any personally identifiable information about yourself or your children.  1031NetEx does not control or endorse the content, messages or information posted or found on the website or its services and, therefore, 1031NetEx specifically disclaims any liability with regard to the services provided and any actions resulting from your participation in any services.

13.  Materials uploaded to the website and its services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

14.  All contents of this website are: Copyright (c) Network Real Estate Corporation, U.S.A. All rights reserved. 1031 NetEx and 1031 Exchanges Made Simple are service marks of Network Real Estate Corporation. Other product and company names mentioned herein, including the names of real estate professionals, may be the trademark of their respective owners.

15.  You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the services provided by this website and 1031NetEx. You may not sublicense, assign, or transfer any licenses granted by 1031NetEx and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

16.  This website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. 1031NetEx does not operate or control in any respect any information, software, products or services available on such websites. 1031NetEx's inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

17.  1031NetEx specifically disclaims any responsibility for the content and representations located on any third party websites linked to 1031NetEx. Any third party websites linked to 1031NetEx are entirely responsible for their own content and representations. 

18.  1031NetEx does not verify the accuracy of the information seen on any of the third party websites linked to 1031NetEx. Potential buyers, sellers, and exchangers of real estate and mortgage and insurance consumers are hereby notified by 1031NetEx and its officers, contractors, agents and employees to verify the accuracy of all information seen on any third party websites linked to 1031NetEx.

19.  Your use of this website, 1031NetEx, is your agreement to hold harmless 1031NetEx regarding any of the content and/or representations seen on any third party websites linked to 1031NetEx.

20.  If you do not agree to hold harmless 1031NetEx regarding any of the content and representations seen on third party websites linked to 1031NetEx, then please exit this website immediately and do not use any of the services seen on 1031NetEx. 

21.  Registration data and certain other information about you is subject to our Privacy Policy [Hyper Link]. You understand that through your use of 1031NetEx services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by 1031NetEx.

22.  You will receive a password and account designation upon completing the 1031NetEx's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify 1031NetEx of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 1031NetEx cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

23.  Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through 1031NetEx or its services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that 1031NetEx shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this website or the services of 1031Netex.

24.  The information, services, and any software provided by 1031NetEx are distributed on an 'as is" basis without any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.  You hereby acknowledge that use of this website and its services is at your sole risk.

25.  1031 NETEX SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM 1) ANY ERRORS OMISSIONS IN THE WEBSITE OR ANY FEATURE, MATERIALS OR SERVICES INCLUDED OR NOT INCLUDED THEREIN, 2) THE UNAVAILABILITY OR INTERRUPTION OF THE WEBSITE, OR ANY FEATURES, MATERIALS OR SERVICES PROVIDED THEREIN, OR 3) YOUR USE OF THE WEBSITE AND ITS FEATURES, MATERIALS, AND SERVICES.

26.  THE AGGREGATE LIABILITY OF 1031 NETEX IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE 1031NETEX WEBSITE SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES.  YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE.

27.  1031 NETEX SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS OR THE FAILURE OF 1031NETEX TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF 1031NETEX.

28.  This Agreement constitutes the entire agreement between you and 1031NetEx and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and 1031NetEx with respect to this Web site and information, software, products and services associated with it. 

29.  1031 NetEx may suspend or discontinue providing the website, along with any of its features, services or materials to you without notice and pursue any remedy legally available to it if you fail to comply with any of your obligations hereunder.

30.  This Agreement shall be subject to and construed in accordance with the laws of the State California, excluding its conflict of laws principles. 

31.  If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. 

32.  A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

33.  All rights not expressly granted herein are reserved.
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