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1031Vest, LLC is a Qualified Intermediary ("QI") for Internal Revenue Code Section 1031 tax-deferred exchanges. Staffed by a team of highly qualified/experienced real estate professionals including a Certified Exchange Specialist® (CES®) and several attorneys, 1031Vest provides the highest level of service in assisting you with your tax-deferred exchange.
TitleVest's team of attorneys and title professionals will help ensure that the closing on your 1031 replacement property goes seamlessly.
This Privacy Statement relates to our online information collection and use practices. This Website is owned and operated by Titlevest Agency, Inc. ("Titlevest"). We recognize that many visitors and users of our Website are concerned about the information they provide to us, and how we treat that information. This Privacy Statement has been developed to address those concerns. We may update this Privacy Statement from time to time, so you should revisit it occasionally.
In order to access the Website, you will be required to provide certain personally identifiable information at various times and places, including but not limited to upon initial registration. These questions are intended to ascertain that you are qualified and an appropriate user of this Website and/or that you are a serious potential candidate for the products and services offered. In some cases, if you choose not to provide us with requested information or Titlevest declines to grant you access, you may not be able to access certain content or services offered on the Website.
Protecting children's privacy is important to us. For that reason, we do not collect or maintain information on our Website from those we actually know are under 13, and no part of our Website is targeted to attract anyone under 13. We request that all visitors under 13 to our Website not disclose or provide any personally identifiable information. If we discover that a child under 13 has provided us with personally identifiable information, we will delete the child's personally identifiable information from our records.
Log Data: When you visit this Website, our web server automatically collects anonymous information that describes how our visitors use and navigate our Website, and which includes the number and frequency of visitors to each web page, the length of their stays and like information, as well as the anonymous information automatically sent to us by your web browser, such as browser type, referrer data that identifies the web page visited prior and subsequent to visiting this Website, and IP addresses. We also may determine what technology is available through your browser in order to serve you the most appropriate version of a web page.
IP Addresses: An IP address is a number that is assigned to your computer when you are on the Internet. When visitors request pages from this Website, our servers log the visitor's IP address. We may collect IP addresses for a variety of internal purposes, such as system administration and to audit the number of visits to different pages on this Website.
Web Beacons: While you are on the Website, or while you are otherwise viewing our content, you may encounter Web beacons, which may come from Titlevest or from third parties, such as content providers. A Web beacon, which is sometimes also called a "Web bug" or "clear gif," is a small graphic image in a Web page, a Web-based document or an e-mail message, which generally allows the party that set the Web beacon to monitor certain information about the viewer of the Web page, Web-based document or e-mail message, and it may allow access to certain cookies. Web beacons are usually invisible to the user, because they are small. In general, however, any electronic image viewed as part of a Web page, including an advertisement, can act as a Web beacon. Web beacons typically collect the URL of the page the Web beacon comes from, the type of browser requesting the Web beacon, the IP address of the computer that the Web beacon is sent to and the time the Web beacon was viewed. Web beacons can also be linked to personally identifiable information. We may aggregate information we collect through Web beacons. Titlevest does not have control over Web beacons used by third parties and does not have access to whatever information they may collect.
We use the personally identifiable information you provide to ascertain whether you are an appropriate user of this Website, to contact you regarding goods and services, and for other purposes disclosed at the time of collection.
We may share non-identifying aggregate information with third parties. However, we will not share your personally identifiable information with outside parties unless you specifically agree to a governing set of rules that allow such disclosure or otherwise give us permission to do so.
We may provide access to your personally identifiable information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of visitors of this Website or the public. In those instances, the information is provided only for that purpose.
In the event Titlevest goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information will, in most instances, be part of the assets transferred.
We will not share your personally identifiable information in ways unrelated to those described above without providing you with an opportunity to opt out of such use or otherwise prohibit such unrelated uses.
In certain instances you may visit the registration area of this Website where you will have the opportunity to access certain of your personally identifiable information, to correct errors in such information, and to update your preferences regarding what information you may receive from us. It may take us up to five (5) business days to process your changes, but we will do so as quickly as we can. You should be aware, however, that it is not always possible to completely remove or modify information in our databases.
We take physical, electronic and managerial steps to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to our database servers, as well as electronic security systems and password protections that guard against unauthorized access. However, we make no representation, warranty or guarantee that such information will remain secure and accurate at all times. In addition, no data transmission over the Internet can be guaranteed to be completely secure. Accordingly, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
This Website is operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using this Website, participating in any of our products or services and/or providing us with your information, you consent to this transfer.
This Website may contain links to other sites. Please be aware that Titlevest is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Website that collects personally identifiable information. This Privacy Statement applies solely to information collected by this Website.
This Website is owned and operated by Titlevest Agency, Inc. ("TitleVest") and is made available to you for informational purposes only. Certain portions of the Website may be accessed only by those individuals and organizations who either are conducting business with TitleVest or who have a bona fide intent to conduct business with TitleVest in the future (the "Restricted Areas"). You will be required to fill out a registration form on the Website in order to gain access to the Restricted Areas. You represent and warrant that all information submitted by you during the registration process ("Registration Data") is complete and accurate in all respects. You further agree to update your Registration Data in the event that such data changes in the future in order to maintain the completeness and accuracy of your Registration Data in all respects. TitleVest retains the right to accept or reject any such registration in its sole discretion.
By accessing or using this Website, you agree to these Terms of Agreement and to our Privacy Statement.. You will be required to check an appropriate box as part of the registration process in order to indicate your assent to these Terms of Agreement and our Privacy Statement. prior to using or accessing the Restricted Areas. If you do not agree to the Terms of Agreement and Privacy Statement., you may not access or use the Restricted Areas.
You may access the Restricted Areas of this Website only through use of an authorized User ID and password. You are solely responsible for maintaining the confidentiality of your User ID and password, and you shall be deemed responsible for all use of the Website through your User ID and password. Under no circumstances may you transfer your User ID and password to any other person or organization or otherwise permit any third party to use your User ID and password to access the Restricted Areas.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. You may display and electronically copy, download and print hard copy portions of the material contained on the Website for your own non-commercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notices. Any other use of materials on the Website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Website, without the prior written permission of TitleVest, is strictly prohibited.
Any material you download, including but not limited to software, files, graphics, data or any other content, is owned by TitleVest or its third party providers. When you download these materials, they are provided to you by TitleVest under a license that is revocable at any time, with or without cause.
You acknowledge that this Website, any software used in connection with the products and services provided on this Website, and all content contained on this Website, are owned by TitleVest and contain or consist of proprietary and confidential information that is protected by applicable intellectual property and other laws. TitleVest retains full and complete title to the foregoing software, materials and information and to all of the associated intellectual property rights contained on the Website. You may not redistribute or sell the material, nor may you reverse engineer, disassemble or otherwise convert it to any other form usable by humans.
The logos, trade names, and product and service names contained on this Website are the trademarks and service marks of TitleVest or its third party providers. You agree not to display or use in any manner such logos, trade names, product names, or service names without the prior written permission of TitleVest. TitleVest also retains ownership of the "look and feel" of this Website, including color combinations, buttons, layout, and other graphical elements.
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.
TITLEVEST MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THIS Website'S CONTENT OR ABOUT THE CONTINUED AVAILABILITY OF ANY CONTENT ON THIS Website SUPPLIED BY TITLEVEST, YOU OR ANY THIRD PARTY. THIS Website AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS Website, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TITLEVEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TITLEVEST DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE Website WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS Website OR THE SERVER THAT MAKES THE Website AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TITLEVEST DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE MATERIALS IN THIS Website IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, AVAILABILITY, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT TITLEVEST) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
IN NO EVENT SHALL TITLEVEST BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING LOST PROFITS), EVEN IF TITLEVEST HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS Website. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless TitleVest, its officers, directors, employees, agents, licensors and third party suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of these terms and conditions or any activity related to your account (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Website using your User ID and password.
This Website may provide access to other World Wide Websites. TitleVest does not control these Websites, and you access them solely at your own risk. TitleVest also does not endorse or approve any products or information offered at Websites you reach through this Website. Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in this TitleVest Website or have moved to another Website.
Any claim relating to the Website or your use of it shall be governed by the internal substantive laws of the State of New York, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Website shall be in the state or federal courts located in New York, New York.
Notwithstanding the foregoing, in the event a dispute of any kind or nature arises under or related to these Terms of Agreement, TitleVest may, at its option, commence an arbitration proceeding in lieu of instituting an action in a court of competent jurisdiction, by providing to you a demand for arbitration. The parties shall, within thirty (30) days of such demand for arbitration, select a mutually agreeable arbitrator and submit the dispute to such arbitrator for binding arbitration, through the New York County American Arbitration Association Regional Office, under the Commercial Arbitration Rules of the American Arbitration Association. If the parties are unable to agree upon an arbitrator, the arbitrator shall be appointed in accordance with the rules and procedures of the American Arbitration Association. The arbitration fee shall be paid or reimbursed by the non-prevailing party, as determined by the arbitrator, who shall also award appropriate attorneys' fees and costs to the prevailing party.
TitleVest does not promise that any materials or information provided by you on this Website will remain available to you. TitleVest is entitled to terminate all or any portion of this Website at any time, without notice to you. TitleVest also reserves the right to change the terms, conditions, and notices under which this Website is offered, and your use of the Website following any such changes shall be deemed to constitute your consent to such modified Terms of Agreement. You agree to regularly review these Terms of Agreement to verify whether they have been changed.
TitleVest may terminate your access to this Website at any time with or without cause and without prior notice. In the event of termination of such access, you acknowledge that any material, data and information you have submitted to TitleVest on this Website may be lost or may otherwise no longer be available to you.
You acknowledge and agree that, in the event of any breach of these Terms of Agreement by you, TitleVest would be irreparably and immediately harmed and could not be made whole by monetary damages alone. Without prejudice to any rights and remedies otherwise available, TitleVest shall be entitled to equitable relief by way of injunction in the event of a breach of any provision of these Terms of Agreement.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and TitleVest regarding all aspects of your use of this Website.
The provisions of these Terms of Agreement that, by their nature and content, must survive the completion, rescission, termination or expiration of these Terms of Agreement in order to achieve the fundamental purposes of these Terms of Agreement (including but not limited to the provisions entitled "Proprietary Rights," "Material You Submit," "Disclaimer," "Limitation of Liability," "Indemnification," "Jurisdiction," and "Termination") shall so survive and continue to bind the parties.