Terms & Conditions 

TERMS AND CONDITIONS FOR GRACEMAR CAPITAL

 

Last Updated: December 31, 2025

 

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ACCEPTANCE OF TERMS

 

Welcome to Gracemar Capital. These Terms and Conditions ("Terms") govern your use of our website gracemarandco.com and services. By accessing or using our website and services, you agree to be bound by these Terms.

 

If you do not agree to these Terms, please do not use our website or services.

 

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DEFINITIONS

 

• "We," "us," "our" refers to Gracemar Capital and Martha E. Rivera

• "You," "your" refers to the user of our website or services

• "Services" refers to note analysis, buyer connections, transaction facilitation, and related services

• "Note" refers to mortgage notes, promissory notes, land contracts, deeds of trust, or similar instruments

 

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DESCRIPTION OF SERVICES

 

Gracemar Capital provides the following services:

 

1. Note Analysis and Valuation

We provide preliminary analysis and market valuation of mortgage notes based on information you provide.

 

2. Buyer Connections

We connect note holders with qualified institutional and private buyers through our network.

 

3. Transaction Facilitation

We assist in coordinating the note selling process, including documentation review and buyer communications.

 

IMPORTANT: We do not provide legal, tax, or financial advice. You should consult qualified professionals for advice specific to your situation.

 

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NO GUARANTEES

 

We make no guarantees regarding:

 

• The sale of your note

• Specific pricing or terms

• Timeline for receiving offers

• Acceptance of offers by any party

• Completion of transactions

 

All quotes and offers are subject to buyer approval, due diligence, title review, appraisal, credit review, and other standard conditions.

 

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YOUR RESPONSIBILITIES

 

When using our services, you agree to:

 

Provide Accurate Information

• Provide truthful and accurate information about your note

• Disclose all material facts that may affect the value or marketability of your note

• Provide complete documentation when requested

• Notify us promptly of any changes to information provided

 

Maintain Confidentiality

• Keep confidential any offers or buyer information we share with you

• Not disclose proprietary information about our business, processes, or buyer network

 

Comply with Laws

• Comply with all applicable federal, state, and local laws

• Not use our services for any unlawful purpose

• Not engage in fraud, misrepresentation, or deceptive practices

 

Respect Intellectual Property

• Not copy, reproduce, or distribute our content without permission

• Not use our trademarks, logos, or branding without authorization

 

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OUR ROLE AND LIMITATIONS

 

Facilitator, Not Principal

Unless explicitly stated in writing for a specific transaction, Gracemar Capital acts as a facilitator connecting note sellers with buyers. We are not the purchasing entity unless we explicitly agree to purchase your note in a written purchase agreement.

 

No Attorney-Client or Fiduciary Relationship

Our services do not create an attorney-client relationship, fiduciary duty, or agency relationship unless explicitly established in a separate written agreement.

 

No Legal or Financial Advice

Information provided on our website and in our communications is for general educational purposes only and does not constitute legal, tax, financial, or investment advice.

 

Independent Evaluation Required

You are responsible for conducting your own due diligence and seeking independent professional advice before entering into any transaction.

 

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FEES AND COMPENSATION

 

No Cost to Note Sellers

Note sellers do not pay fees to Gracemar Capital for analysis, buyer connections, or transaction facilitation services.

 

Compensation from Buyers

We may receive compensation from buyers in the form of referral fees, commissions, or other arrangements when transactions close. This compensation does not increase the discount rate or reduce the amount you receive for your note.

 

Transparency

We are happy to discuss our compensation structure. Our goal is to ensure you receive competitive terms while maintaining a sustainable business model.

 

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OFFERS AND QUOTES

 

Non-Binding Nature

All preliminary quotes and offers are non-binding estimates based on limited information. Final offers are subject to:

• Complete documentation review

• Title examination

• Property appraisal

• Payor credit review

• Buyer approval

• Other standard due diligence

 

No Obligation

You have no obligation to accept any offer or proceed with any transaction. You are free to:

• Decline all offers

• Seek competitive quotes elsewhere

• Withdraw from the process at any time prior to closing

 

Offer Expiration

Quotes and offers may expire or be subject to change based on market conditions, interest rates, or changes in the note's status.

 

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INTELLECTUAL PROPERTY

 

Website Content

All content on our website, including text, graphics, logos, images, and software, is the property of Gracemar & Co. or our licensors and is protected by copyright and trademark laws.

 

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes.

 

Restrictions

You may not:

• Modify, copy, or distribute our content without permission

• Use our content for commercial purposes

• Remove copyright or trademark notices

• Create derivative works from our content

 

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USER SUBMISSIONS

 

When you submit information, documents, or communications to us, you grant us a non-exclusive license to use, store, and share such information for the purposes of providing our services.

 

You represent and warrant that:

• You have the right to provide the information

• The information does not violate any third-party rights

• The information is accurate and not misleading

 

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DISCLAIMERS

 

TO THE FULLEST EXTENT PERMITTED BY LAW:

 

Website "AS IS"

Our website and services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

 

No Warranty of Accuracy

We do not warrant that:

• Our website will be error-free or uninterrupted

• Defects will be corrected

• Our website is free of viruses or harmful components

• Information on our website is accurate, complete, or current

 

Market Conditions

Note values are subject to market conditions, interest rates, and buyer appetite, which may fluctuate. Historical performance is not indicative of future results.

 

Third-Party Actions

We are not responsible for the actions, omissions, or conduct of buyers, title companies, attorneys, or other third parties involved in transactions.

 

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LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY LAW:

 

Excluded Damages

Gracemar & Co., its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Lost profits or revenue

• Lost opportunities

• Lost data

• Business interruption

• Personal injury or property damage

 

Maximum Liability

Our total liability for any claims arising from our services shall not exceed the amount of fees actually paid to us by you (if any) or $500, whichever is greater.

 

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INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless Gracemar & Co., its owners, employees, and affiliates from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

 

• Your use of our website or services

• Your violation of these Terms

• Your violation of any rights of third parties

• Inaccurate or misleading information you provide

• Your breach of any representations or warranties

 

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PRIVACY AND DATA PROTECTION

 

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

 

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MODIFICATION OF TERMS

 

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website with an updated "Last Updated" date.

 

Your continued use of our services after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you should discontinue use of our services.

 

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MODIFICATION OF SERVICES

 

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without notice or liability.

 

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TERMINATION

 

We may terminate or suspend your access to our website or services at any time, with or without cause or notice, including for violation of these Terms.

 

Upon termination:

• Your right to use our services ceases immediately

• We may delete your information (subject to legal retention requirements)

• Provisions that by their nature should survive termination shall survive

 

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DISPUTE RESOLUTION

 

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

 

Jurisdiction and Venue

Any disputes arising from these Terms or our services shall be resolved in the state or federal courts located in Hillsborough County, Florida. You consent to the personal jurisdiction of these courts.

 

Informal Resolution

Before filing any legal action, you agree to first contact us to attempt to resolve the dispute informally.

 

Arbitration (Optional - Choose One)

 

OPTION A - No Arbitration Clause:

[Remove this section if you don't want mandatory arbitration]

 

OPTION B - Mandatory Arbitration:

Any dispute arising from these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Tampa, Florida. Each party shall bear their own costs of arbitration. The arbitrator's decision shall be final and binding.

 

Exception: Either party may seek injunctive relief in court to protect intellectual property rights.

 

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions or class-wide arbitration.

 

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SEVERABILITY

 

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

 

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ENTIRE AGREEMENT

 

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gracemar & Co. regarding use of our website and services, and supersede any prior agreements or understandings.

 

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NO WAIVER

 

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

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ASSIGNMENT

 

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

 

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CONTACT INFORMATION

 

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

 

Gracemar Capital

Phone: 862-849-7567​

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ACKNOWLEDGMENT

 

BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.