Terms of Use

Effective Date: March 8, 2024

Last Updated: May 15, 2026

These Terms of Use (“Terms”) govern your use of 1031dstinvestment.org (the “Site”) and any related services provided by 1031 DST (“we,” “us,” or “our”). Please read these Terms carefully before using the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Site.

Acceptance of Terms

By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms. You also agree to comply with all applicable laws and regulations. These Terms constitute a legally binding agreement between you and 1031 DST.

If you are accessing or using the Site on behalf of a company, organization, trust, or other legal entity, you represent that you have the authority to bind that entity to these Terms. References to “you” in these Terms apply both to you individually and to any entity you represent.

If you do not agree to these Terms, or if you do not have the authority to bind the entity you represent, you must not use the Site.

Description of Services

The Site provides general informational and educational content about 1031 exchanges, Delaware statutory trusts (DSTs), and related real estate investment topics. The Site also provides a means to schedule consultations with our advisors, request information, and learn about DST sponsors operating in the 1031 exchange market.

The Site does not provide, and should not be used as a substitute for, legal advice, tax advice, financial planning advice, or investment advice. Any decision to engage in a 1031 exchange or invest in a Delaware statutory trust should be made only after consulting with your own qualified legal, tax, and financial advisors and reviewing the specific offering documents for any investment under consideration.

Specific securities offerings are not made through the Site. Securities offerings are made only through Private Placement Memoranda (“PPMs”) provided to qualified accredited investors after a relationship has been established with our advisors. Please refer to our Disclosures page for additional information about securities-related matters.

Eligibility

The Site is intended for use by individuals who are at least 18 years of age. By using the Site, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.

Delaware statutory trust offerings discussed on the Site are private placement securities available only to qualified accredited investors as defined under Rule 501 of Regulation D of the Securities Act of 1933. Use of the Site does not constitute, and should not be interpreted as, an offer to sell or solicitation of an offer to buy any security from any person who is not a qualified accredited investor.

Intellectual Property

All content on the Site, including text, graphics, logos, images, audio, video, downloadable files, software, and the compilation and arrangement of all such content, is the property of 1031 DST, our content licensors, or our content contributors and is protected by United States and international copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial informational purposes. You may not copy, reproduce, distribute, transmit, display, sell, license, modify, or create derivative works from any content on the Site without our express prior written permission.

The trademarks, service marks, trade dress, and logos used on the Site are the property of 1031 DST or their respective owners. Nothing on the Site grants you any license or right to use any trademark, service mark, trade dress, or logo without the express written permission of the owner.

Limited fair use of Site content is permitted for purposes of criticism, comment, news reporting, teaching, scholarship, and research, consistent with applicable copyright law. Such use must include appropriate attribution to 1031 DST as the source.

Acceptable Use

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

  • Use the Site in any manner that violates any applicable federal, state, local, or international law or regulation.
  • Use the Site to transmit or facilitate the transmission of any unsolicited advertising, promotional material, junk mail, spam, or any other form of solicitation.
  • Impersonate or attempt to impersonate 1031 DST, our employees, another user, or any other person or entity.
  • Use any automated means, including bots, scrapers, crawlers, or similar tools, to access the Site or collect data from the Site, except for legitimate search engine indexing in compliance with our robots.txt file.
  • Attempt to gain unauthorized access to any portion of the Site, any related systems or networks, or any account, password, or data not intended for you.
  • Interfere with, disrupt, or attempt to interfere with or disrupt the operation of the Site, including by introducing viruses, worms, malware, or other harmful code.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any portion of the Site.
  • Use the Site or its content for commercial purposes without our express prior written permission, including but not limited to selling, sublicensing, or distributing Site content.
  • Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.

We reserve the right to investigate suspected violations of these Terms, restrict or terminate access to the Site for any user we believe has violated these Terms, and pursue legal remedies where appropriate.

DMCA / Copyright Complaint Procedure

1031 DST respects the intellectual property rights of others and expects users of the Site to do the same. We respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).

Filing a DMCA Notice

If you believe that content on the Site infringes a copyright that you own or are authorized to act on behalf of, you may file a DMCA notice with our designated DMCA agent. To be effective, a DMCA notice must include the following information:

  • A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material on the Site that is claimed to be infringing, with information reasonably sufficient to permit us to locate the material (typically a URL on the Site).
  • Your contact information, including your name, mailing address, telephone number, and email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

We will respond to properly submitted DMCA notices by removing or disabling access to the allegedly infringing material and taking other steps required by the DMCA.

Counter-Notice

If you believe that content removed in response to a DMCA notice was not infringing, you may submit a DMCA counter-notice to our DMCA agent. Counter-notices must include the information required by 17 U.S.C. Section 512(g)(3).

Repeat Infringers

We reserve the right to terminate access to the Site for any user we determine to be a repeat infringer of intellectual property rights, in our sole discretion.

Disclaimers

THE SITE AND ALL CONTENT, INFORMATION, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 1031 DST DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

Without limiting the foregoing, 1031 DST makes no warranty that:

  • The Site will meet your requirements or expectations.
  • The Site will be uninterrupted, timely, secure, or error-free.
  • The information provided on the Site will be accurate, complete, or current.
  • Any errors or defects in the Site will be corrected.
  • The Site or any server that makes it available is free of viruses or other harmful components.

Information on the Site is provided for general informational purposes only and is not a substitute for legal, tax, financial planning, or investment advice. Tax laws, securities laws, and other regulations change frequently and may affect the applicability of information on the Site. You should consult your own qualified advisors before making any decision based on information from the Site.

Past performance is not indicative of future results. Information about Delaware statutory trust offerings, sponsors, or asset classes is not a guarantee that any specific investment will achieve any specific outcome. All investments involve risk, including the risk of loss of principal.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 1031 DST, OUR AFFILIATES, AND OUR REPRESENTATIVES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID 1031 DST IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

This limitation applies regardless of the legal theory on which a claim is based, including contract, tort (including negligence), strict liability, or otherwise.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by applicable law. Nothing in these Terms limits any liability that cannot be excluded under applicable law.

This limitation of liability does not apply to claims arising out of investment advisory services, securities transactions, or other matters governed by the FINRA arbitration agreement described in Section 12. Those claims are subject to the dispute resolution framework set forth in our Disclosures page and any applicable customer agreement with our broker-dealer.

Indemnification

You agree to indemnify, defend, and hold harmless 1031 DST, our affiliates, and our representatives, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • Your use of the Site.
  • Your violation of these Terms.
  • Your violation of any rights of another party, including intellectual property rights.
  • Your violation of any applicable law or regulation.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that case, you agree to cooperate fully with our defense of the matter.

Third-Party Links and Content

The Site may contain links to third-party websites, content, services, or applications that are not owned or controlled by 1031 DST. These links are provided for your convenience and reference only. 1031 DST does not endorse, control, or assume responsibility for any third-party content, websites, services, or applications. Your use of any third-party website or service is at your own risk and subject to that third party’s own terms and conditions.

We are not responsible for the privacy practices, content, accuracy, opinions, or availability of any third-party site. References to DST sponsors on the Site are informational and do not constitute endorsement of any sponsor or their offerings. We are not affiliated with any DST sponsor referenced on the Site.

Modifications to These Terms

We may update these Terms from time to time to reflect changes in our practices, technology, legal requirements, or other factors. When we make changes, we will update the “Last Updated” date at the top of these Terms. For significant changes, we may also provide additional notice through the Site or by email to registered users.

Your continued use of the Site after we publish updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Site.

We encourage you to review these Terms periodically to stay informed of any changes.

Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles.

Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or any services provided through the Site will be resolved through binding arbitration administered by FINRA Dispute Resolution Services in accordance with FINRA’s Code of Arbitration Procedure. By using the Site, you agree to resolve disputes through FINRA arbitration.

Arbitration is final and binding. By agreeing to arbitration, the parties waive their right to seek remedies in court, including the right to a jury trial. Pre-arbitration discovery is generally more limited than and different from court proceedings. The right to appeal an arbitration award is severely limited.

Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights, prevent unauthorized use of the Site, or address any other claim that is not subject to FINRA arbitration.

Any arbitration shall be conducted on an individual basis. The parties waive any right to participate in class actions, class arbitrations, or representative proceedings.

Information about FINRA arbitration is available at finra.org/arbitration-mediation.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, our Disclosures, and any customer agreement with our broker-dealer, constitute the entire agreement between you and 1031 DST regarding your use of the Site. These Terms supersede any prior agreements or understandings, written or oral, regarding the Site.

Severability

If any provision of these Terms is found by a court or arbitrator to be invalid, illegal, or unenforceable, that provision shall be modified to the extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision. A waiver will be effective only if made in writing and signed by an authorized representative of 1031 DST.

Assignment

You may not assign or transfer these Terms or any rights or obligations under these Terms without our prior written consent. We may assign these Terms and our rights and obligations under these Terms at any time, including in connection with a merger, acquisition, sale of assets, or similar corporate transaction, without notice or consent.

Headings

Section headings in these Terms are for convenience only and do not affect the interpretation of any provision.

Survival

Any provision of these Terms that, by its nature, should survive termination of these Terms will survive, including but not limited to provisions regarding intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.