Terms and Conditions

1. Acceptance of Terms

Welcome to GildenRow Advisory ("GildenRow," "we," "us," or "our"). By accessing or using this website (gildenrowadvisory.com) or engaging with our services, you ("User," "you," or "your") agree to be bound by these Terms and Conditions ("Terms").

If you do not agree to these Terms, you must not access or use this website or our services.

These Terms constitute a legally binding agreement between you and GildenRow Advisory, operating under LoKation Real Estate, located in Alpharetta, Georgia.

2. Description of Services

2.1 General Services

GildenRow Advisory provides transaction advisory services for control-transfer multifamily real estate transactions across Atlanta and the Southeast. We facilitate discreet connections between sellers facing capital-stack pressure requiring confidential exits and execution-qualified buyers prepared for time-compressed transactions.

• Facilitating discrete, off-market matches between sellers requiring confidentiality and execution-qualified buyers
• Decision-timing assessment and pre-decision engagement for control-transfer situations
• Maintaining execution-qualified buyers with verified capital capacity
• Transaction facilitation and execution support
• Accepting referrals from licensed real estate professionals

2.2 What We Are Not

GildenRow Advisory is NOT:

• A traditional real estate brokerage offering public property listings
• A buyer or principal in transactions (we facilitate matches only)
• A property management company
• A financial advisor, investment advisor, or securities broker
• A lender or financing source

2.3 Licensing

GildenRow Advisory operates under LoKation Real Estate, a licensed real estate brokerage in the State of Georgia. All services are provided in compliance with applicable state real estate regulations.

3. No Guarantees or Warranties

3.1 No Transaction Guarantees

We do not guarantee:

• That any specific property will be matched with a buyer
• That any buyer will successfully acquire any property
• That any transaction will close
• Any specific transaction price, terms, or timeline
• That submitted referrals will result in closed transactions
• Any specific financial outcomes or returns on investment

3.2 Information Accuracy

While we strive to provide accurate information, we make no warranties regarding:

• The accuracy, completeness, or timeliness of market information provided
• The accuracy of property details provided by third parties
• Financial projections, market forecasts, or valuation estimates
• Third-party data, reports, or documentation

Users are responsible for conducting their own due diligence, inspections, and verification of all information.

4. User Responsibilities

4.1 Sellers

If you engage GildenRow as a seller, you represent and warrant that:

• You have legal authority to sell or dispose of the property
• All information provided about the property is accurate and complete
• You will disclose all material facts about the property as required by law
• You understand that GildenRow facilitates matches but does not guarantee outcomes
• You will engage appropriate legal and financial advisors

4.2 Buyers

If you confirm buyer availability, you represent and warrant that:

• You have the financial capacity to complete transactions you express interest in
• You will provide proof of funds when requested
• You will conduct your own due diligence on all properties
• You understand that situations are presented conditionally when alignment exists and may be withdrawn
• You will execute non-disclosure agreements as required

4.3 Referring Brokers

If you participate in our referral network, you represent and warrant that:

• You hold an active, valid real estate license in good standing
• You have authority to refer clients and receive referral compensation
• You will comply with all applicable state real estate regulations
• All referral arrangements will be documented in written agreements
• You understand that referral fees are paid only upon successful transaction closing

5. Compensation and Fees

5.1 GildenRow's Compensation

GildenRow's compensation structure is success-based and paid only when transactions close successfully. Specific fee arrangements are documented in written engagement agreements with clients.

5.2 Referral Fees

Referral fees are paid only to properly licensed real estate brokers/broker associates at closing. Referral fee is 20% paid at closing. All referral arrangements must be documented in written referral agreements executed prior to engagement.

Important: We cannot and will not compensate unlicensed individuals for referrals under state real estate law, regardless of their professional credentials in other fields.

5.3 No Upfront Costs

GildenRow does not charge upfront fees, retainers, or advance payments. All compensation is contingent upon successful transaction closing.

6. Confidentiality and Non-Disclosure

6.1 Our Commitment

GildenRow maintains strict confidentiality regarding all client information, property details, and transaction discussions. We will not disclose confidential information without explicit authorization, except as required by law.

6.2 User Obligations

Users who receive confidential information through GildenRow's services agree to:

• Execute non-disclosure agreements when required
• Maintain confidentiality of all non-public information
• Use information only for evaluation of potential transactions
• Not disclose property details to unauthorized third parties

6.3 Breach of Confidentiality

Unauthorized disclosure of confidential information may result in immediate termination of services and potential legal action for damages.

7. Intellectual Property

7.1 Ownership

All content on this website, including but not limited to text, graphics, logos, designs, and software, is the property of GildenRow Advisory or its licensors and is protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

You are granted a limited, non-exclusive, non-transferable license to access and use this website for your personal, non-commercial use in evaluating GildenRow's services.

7.3 Restrictions

You may not:

• Reproduce, distribute, or display website content without permission
• Use automated systems to scrape or data mine the website
• Modify, reverse engineer, or create derivative works
• Remove copyright or proprietary notices

8. Limitation of Liability

8.1 Scope of Limitation

GildenRow shall not be liable for:

• Failed transactions or deals that do not close
• Loss of profits, revenue, or business opportunities
• Market fluctuations or changes in property values
• Actions or omissions of third parties (buyers, sellers, lenders, inspectors, etc.)
• Inaccurate information provided by third parties
• Technical issues, website downtime, or data loss
• Unauthorized access to or alteration of your transmissions or data

8.2 Maximum Liability

In no event shall GildenRow's total aggregate liability exceed the fees actually paid by you to GildenRow for the specific services giving rise to the claim.

8.3 Basis of the Bargain

You acknowledge that GildenRow has set its fees and entered into these Terms in reliance upon the limitations of liability set forth herein, which allocate risk between you and GildenRow and form the basis of the bargain between the parties.

9. Indemnification

You agree to indemnify, defend, and hold harmless GildenRow Advisory, LoKation Real Estate, and their respective officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any rights of a third party
• Inaccurate or misleading information you provide
• Your breach of confidentiality obligations
• Your use or misuse of our services or website

10. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

GildenRow disclaims all warranties, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties of title and non-infringement
• Warranties arising from course of dealing or usage of trade
• Warranties that the website will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy or reliability of information

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

11. Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by GildenRow Advisory. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that GildenRow shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, goods, or services.

12. Dispute Resolution and Governing Law

12.1 Governing Law

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

12.2 Jurisdiction and Venue

Any disputes arising from these Terms or your use of our services shall be resolved exclusively in the state or federal courts located in Fulton County, Georgia. You consent to the personal jurisdiction and venue of such courts.

12.3 Informal Resolution

Before filing any legal action, you agree to first contact GildenRow to attempt to resolve the dispute informally by sending written notice to: [email protected]

12.4 Time Limitation

Any claim or cause of action arising from these Terms or use of our services must be filed within one (1) year after the claim or cause of action arose, or be forever barred.

13. Modifications to Terms

GildenRow reserves the right to modify these Terms at any time. We will notify users of material changes by:

• Posting updated Terms on this website with a new "Last Updated" date
• Sending email notification to registered users (where applicable)

Your continued use of our services after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of our services.

14. Termination

14.1 Termination by You

You may terminate your use of our services at any time by ceasing to access the website and notifying us in writing.

14.2 Termination by GildenRow

We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Fraudulent or unlawful activity
• Providing false or misleading information
• Breach of confidentiality obligations

14.3 Effect of Termination

Upon termination, your right to use our services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including confidentiality, intellectual property, limitation of liability, and dispute resolution provisions.

15. Privacy and Data Protection

Your use of our website and services is also governed by our Privacy Policy. By using our services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

We take reasonable measures to protect your personal information, but cannot guarantee absolute security of data transmitted over the internet.

16. Severability and Waiver

16.1 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 so that these Terms shall otherwise remain in full force and effect.

16.2 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. GildenRow's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Entire Agreement

These Terms, together with any written engagement agreements and our Privacy Policy, constitute the entire agreement between you and GildenRow Advisory regarding use of our services and supersede all prior agreements and understandings, whether written or oral.

18. Contact Information

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

19. Acknowledgment

BY USING THIS WEBSITE OR ENGAGING WITH GILDENROW'S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

You further acknowledge that:

• You have had the opportunity to seek independent legal advice
• You understand that real estate transactions involve significant financial risks
• You will conduct appropriate due diligence and engage qualified professionals
• GildenRow makes no guarantees regarding transaction outcomes
• You have read and understand the limitation of liability provisions