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Terms & Conditions

Last Updated: 7/8/2026

Welcome to American Property Exchange, APX1031 (“Company,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of www.apx1031.com, including any content, functionality, and services offered on or through the website (the “Site”).

These Terms govern only your use of this website, including informational content, forms, and general communications. Qualified Intermediary Services\: If you engage our services as a Qualified Intermediary for a 1031 exchange, that relationship is governed by a separate written Exchange Agreement  

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By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, you must not access or use the Site.

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1. ELIGIBILITY

You must be at least 18 years old to use this Site. By using the Site, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.

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2. NO LEGAL, TAX, OR FINANCIAL ADVICE

The content provided on this Site is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice.

You acknowledge that:

  • We are not acting as your attorney, CPA, or financial advisor

  • You should consult your own independent professionals before making any legal, tax, or financial decisions

  • Reliance on any information provided on this Site is solely at your own risk

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3. USE OF THE SITE

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable federal, state, or local laws

  • Attempt to gain unauthorized access to any portion of the Site

  • Use the Site for fraudulent, misleading, or deceptive purposes

  • Copy, modify, distribute, sell, or lease any part of the Site without our written consent

  • Introduce malware, viruses, or harmful code

We reserve the right to suspend or terminate your access for any violation of these Terms.

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4. INTELLECTUAL PROPERTY RIGHTS

All content on the Site — including text, graphics, logos, videos, designs, and software — is owned by or licensed to the Company and is protected by U.S. intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal or internal business purposes only.

No content may be reproduced or redistributed without prior written permission.

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5. USER SUBMISSIONS

If you submit information through forms, email, or other means:

  • You represent that the information is accurate and lawful

  • You grant us a non-exclusive right to use the information to respond to your inquiry or provide services

  • You acknowledge submissions do not create a confidential or fiduciary relationship unless expressly agreed in writing

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6. THIRD-PARTY LINKS & SERVICES

The Site may contain links to third-party websites or services. We do not control or endorse these third parties and are not responsible for their content, privacy practices, or terms.

Your use of third-party services is at your own risk.

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7. SMS TERMS OF SERVICE

By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from APX 1031. This includes SMS messages for conversations (external). Message frequency varies. Message and data rates may apply. See privacy policy at https://www.apx1031.com/privacy-policy and terms and conditions at https://www.apx1031.com/terms-conditions Message HELP for help. Reply STOP to any message to opt out.

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8. DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY

  • FITNESS FOR A PARTICULAR PURPOSE

  • NON-INFRINGEMENT

  • ACCURACY OR RELIABILITY OF CONTENT

We do not guarantee uninterrupted, error-free, or secure operation of the Site.

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9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY CALIFORNIA LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $500 OR THE AMOUNT YOU PAID TO US IN THE LAST 12 MONTHS, WHICHEVER IS GREATER.

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10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its owners, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising from:

  • Your use of the Site

  • Your violation of these Terms

  • Your violation of any law or third-party rights

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11. ARBITRATION & CLASS ACTION WAIVER 

PLEASE READ CAREFULLY.

Informal Resolution. Before initiating arbitration, you agree to first contact
us to attempt to resolve the dispute informally.

Binding Arbitration. If informal resolution fails, disputes shall be resolved by binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association. Arbitration shall take place in San Diego County, California.

Costs. Company will pay all AAA filing, administration, and arbitrator fees for claims under $10,000, unless the arbitrator finds the claim frivolous.

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

No Class Actions. Disputes must be brought on an individual basis only. Neither party may bring a claim as a plaintiff or class member in a class, consolidated, or representative action. YOU MAY OPT OUT of this class action waiver by sending written notice to 2535 Kettner Blvd Suite 2A5 San Diego, CA 92101 within 30 days of first accepting these Terms.

Severability. If any part of this arbitration provision is found invalid, that portion shall be severed and the remainder enforced.

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12. GOVERNING LAW & VENUE

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles. Any permitted legal action shall be brought exclusively in the state or federal courts located in California.

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13. TERMINATION

We may terminate or suspend access to the Site at any time, without notice, for any reason, including violation of these Terms.

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14. CHANGES TO TERMS

We reserve the right to update or modify these Terms at any time. Updates will be posted on this page with a revised “Last Updated” date. Your continued use of the Site after changes constitutes acceptance of the revised Terms.

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15. CONTACT INFORMATION

If you have questions about these Terms, contact us at:

American Property Exchange LLC
2535 Kettner Blvd Suite 2A5

San Diego, CA 92101
info@apx1031.com

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