Terms of Use | Equity 1031 Exchange

YOUR USE OF EQUITY 1031 EXCHANGE, A BRAND OF MIDLAND 1031 ("Equity 1031 Exchange") WEBSITE

Welcome to our web site (“Site”). Your use of this Site and its services (“Services”) will be subject to the following terms of use (“Terms”). Please read them carefully. By accessing this Site or using any Service, you are agreeing to the Terms. If you do not want to be bound by the Equity 1031 Exchange Terms of Use, you should leave this Site. The Site is intended for individuals who are at least 13 years old. If you are under the age of 13 years, you should leave this Site.

Intellectual property laws protect original material that we post at this Site. You are granted a non-exclusive, non‑transferable license to access the content on this Site and to print copies of any content only for your personal use. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our Site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any content is prohibited.

In the Terms, the words “we,” “our” and “us” refer to Equity 1031 Exchange and its related companies including but not limited to Midland IRA, Midland Trust, Midland 1031, Equity Trust Company and its affiliates.

We reserve the right to change, add or delete any of the terms set forth below, as well as any of the Services, at any time without notice except as may be required by applicable law. Certain Services may be subject to limitations that are not expressly stated below. Please check the other portions of this Site for additional details. We assume no responsibility if a Service becomes unavailable for any reason or fails to meet your requirements.

YOUR COMPLIANCE WITH LAWS AND SITE GUIDELINES

You agree to comply with the laws that apply to your use of this Site and/or the Services. You also agree not to engage in any activities that: encourage a violation of any law or regulation by others; abuse, harass, stalk, defame, impersonate or invade the privacy of another; infringe the rights of any third party, including intellectual property, business, contractual and fiduciary rights; are in any way connected with the transmission of “junk mail,” “spam,” “pyramid scheme” solicitations, chain letters, or any other mass distribution of unsolicited e-mail; interfere with the functioning of the Site or any linked web site; or involve sending abusive, obscene, hateful or otherwise offensive content by means of any Service. You also agree to comply with the rules of the internet service providers, networks, hosting and telecommunication services, servers, computer databases, and web sites that you access or use in conjunction with this Site and/or the Services.

YOUR PRIVACY/SECURITY

Please see our Web Site Privacy Policy for details regarding the manner in which we collect and use information about you, maintain the confidentiality of your personally identifiable information, and use technology and procedures to maintain security.

You agree to: (a) notify us immediately if you become aware of any unauthorized use of your account, any breach in the confidentiality of your account records, or any breach or attempted breach of security involving the Site or the Services; and (b) avoid accessing or attempting to access the non-public areas of this Site or any other user’s password-protected information.

LINKED SITES AND ADVERTISEMENTS

You may be able to access web sites operated by third parties from this Site. Unless we tell you otherwise in writing, we do not operate or control any of the information, products or services on such linked sites. You acknowledge and agree that: (a) you access such linked sites at your own risk; (b) we make no representation or warranty, and assume no liability or responsibility for, any linked site or the actions or omissions of its owners or operators; (c) we make no endorsement of, and assume no responsibility for, any goods or services offered by the companies that “power” or support this Site or any other site; and (d) although we may have a contractual or other relationship with the operators of a linked site, we will not be responsible for the content, accuracy or operation of their site.

Third parties may offer goods and services to you through marketing that is made available at or through this Site. Unless we expressly state otherwise, we make no endorsement regarding such parties, and we make no representation, recommendation or warranty with respect to their goods, services or advertising. You agree to hold us harmless in connection with our selection of third party advertisers, as well as their actions and omissions.

LIMITATION ON LIABILITY AND WARRANTY DISCLAIMERS

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR SERVICE PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED REGARDING THIS SITE, ITS CONTENT, THE SERVICES, THE GOODS OR SERVICES ADVERTISED BY THIRD PARTIES VIA THIS SITE OR LINKED SITES, OR THE SUBJECT MATTER OF THE TERMS. ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW. WE ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THIS SITE, FOR VIRUSES CREATED BY THIRD PARTIES, OR FOR INFORMATION PROVIDED BY THIRD PARTIES. NO CONTENT AVAILABLE AT OR THROUGH THE SITE SHALL CREATE ANY WARRANTY.

EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR SIMILAR DAMAGES, WHETHER OR NOT THEY ARE FORESEEABLE, INCLUDING CLAIMS FOR LOSS OF GOODWILL, PROFITS, DATA, USE OF MONEY OR PRODUCTS, STOPPAGE OF WORK OR IMPAIRMENT OF ASSETS, WHETHER ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. To the extent these laws apply to you, some of the provisions set forth in the Equity 1031 Exchange Terms of Use may not apply.

We will not be liable to you for any failure or delay in performing the Services or making the Site available for your use if the failure or delay is due to: causes beyond our control; natural catastrophes; governmental actions or omissions; the application of any law, payment system rule, governmental guideline or regulation; terrorism; labor strikes or difficulties; communication system breakdowns; hardware or software failures; viruses introduced by third parties; our inability to confirm your identity or your authority to act; or our inability to procure supplies or materials or access the networks through which we operate the Services.

You agree to indemnify, defend and hold us, the vendors that assist us in providing Services, and our respective owners, directors, officers, employees, representatives and agents harmless from and against all liabilities, claims, actions, proceedings, damages, losses, expenses and costs (including attorneys’ fees and costs, whether or not an action is involved) related to or arising out of: (i) your use of this Site or the Services; (ii) the actions or omissions of third parties who advertise at our Site or through linked sites; (iii) our reliance on instructions that are accompanied by your password or security code; or (iv) your breach of these terms.

PROPRIETARY INFORMATION

You acknowledge and agree that the software used by us in the operation of this Site, and the copyright, patent, trademark, trade secret and all other proprietary rights in and to the technology, designs, graphics, marks and software used by us for this Site and the Services, are proprietary to us and our licensors. As such, you will not gain any ownership or other right, title or interest in or to them by reason of the Equity 1031 Exchange Terms of Use, your use of the Site or Services, or otherwise. You may not reverse engineer, modify, or de-compile any of the technology that we make available to you. You agree not to engage in the practice known as “screen-scraping” in an attempt to obtain a list of our Site users. You agree to comply with the terms of any license agreement we make available to you with any software.

TERMINATION

We may terminate your use of the Site and any of the Services at any time without cause. The Equity 1031 Exchange Terms of Use will continue to apply following termination to any obligations incurred or arising prior to termination.

MISCELLANEOUS

Amendments. We may add to, delete from, or change the Terms without notice except as may be required by law. The most current version of the Terms will be posted on the Site. Your continued use of the Site or Services will be evidence of your agreement to the changes. As such, you should visit this page periodically.

Governing Law. The validity, interpretation and legal effect of the Terms will be governed by the laws of the State of Florida, without reference to its conflict of law provisions. We make no representation that the materials in or the content of this Site are appropriate or available for use in all locations. If you are accessing this Site from outside the United States, for example, you agree to comply with any local laws that apply to your access and use of this Site or the Services.

Notices. You may send notices to us at Equity 1031 Exchange, 15671 San Carlos Blvd #101, Fort Myers, FL 33908. If you have any questions, you can call us at 239-333.1031. We may send notices to you at your postal or e-mail address, or by posting a message on this Site.

Severability. If any provision of the Equity 1031 Exchange Terms of Use is found to be invalid or unenforceable, the remainder of the Terms will continue in effect.

Waiver. Any waiver of the provisions of the Terms must be in writing to be valid. No waiver will occur as a result of a usage of trade, custom or practice.

Questions. If you have any questions regarding the Terms, please call us at 239-333-1031. You can also write to us at Equity 1031 Exchange, 15671 San Carlos Blvd #101, Fort Myers, Florida 33908 or by email info@midlandtrust.com.