Terms of Service

Last Updated: October 26, 2025

1. Acceptance of Terms

By accessing or using the BuyHerePayHereNotes.com website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Nature of Services - Lead Generation Disclosure

IMPORTANT DISCLOSURE: BuyHerePayHereNotes.com is a lead generation and marketing service. We are:

  • NOT a portfolio buyer - We do not purchase Buy Here Pay Here portfolios ourselves
  • NOT a broker - We do not act as intermediaries or negotiators in transactions
  • NOT a financial services provider - We do not provide financial, investment, or legal advice

What We Do: We operate a lead generation platform that connects Buy Here Pay Here dealers who wish to sell their portfolios with third-party buyers who may be interested in purchasing such portfolios. When you submit your portfolio information through our website, you are providing your information as a sales lead that will be shared with potential third-party buyers in our network.

3. Data Sharing with Third-Party Buyers

By submitting your portfolio information through this website, you expressly authorize and consent to:

  • BuyHerePayHereNotes.com sharing your submitted portfolio data with third-party portfolio buyers
  • Third-party buyers contacting you directly regarding potential purchase of your portfolio
  • Third-party buyers conducting their own evaluation, due diligence, and making independent decisions

You acknowledge and agree that any offers, valuations, or purchase proposals you receive will come from third-party buyers, not from BuyHerePayHereNotes.com.

Release of Liability: You hereby release, discharge, and hold harmless BuyHerePayHereNotes.com from any and all claims, demands, liabilities, damages, losses, costs, or expenses (including attorneys' fees) arising from or related to: (a) any actions, omissions, conduct, or performance by any third-party buyer; (b) any misuse, unauthorized disclosure, or security breach of your data by any third-party buyer; (c) any failure by any third-party buyer to contact you, provide valuations, make offers, or complete transactions; (d) any disputes between you and any third-party buyer; or (e) any breach of contract, misrepresentation, or other wrongdoing by any third-party buyer.

4. No Guarantee of Contact, Offers, or Purchase

IMPORTANT: Submission of a portfolio does not guarantee:

  • That any buyer will contact you
  • That any buyer will evaluate your portfolio
  • That you will receive any offers or valuations
  • That any transaction will close
  • Any specific outcome whatsoever

Third-party buyers have sole discretion to decide whether to contact you, evaluate your portfolio, extend offers, or complete transactions. BuyHerePayHereNotes.com has no control over third-party buyer decisions or actions.

5. Timeline Disclaimers

IMPORTANT: All timeline references on this website (such as "Portfolio Grade As Soon As 1 Day" or "Close in 5 Days") represent estimated best-case scenarios based on third-party buyer performance and are not guarantees made by BuyHerePayHereNotes.com.

Portfolio Grading Timeline: Timeframe statements represent best-case scenarios only and are dependent on third-party buyers. Actual timelines are controlled solely by third-party buyers and may vary based on:

  • Which third-party buyer(s) respond to your lead
  • Third-party buyer availability and workload
  • Completeness and accuracy of submitted data
  • Portfolio size and complexity
  • Data formatting and quality
  • Additional information or clarification requirements
  • Third-party buyer internal processes and priorities

Closing Timeline: Closing timeframe statements represent best-case scenarios only and are controlled entirely by third-party buyers. Actual closing timelines depend on factors including:

  • Third-party buyer processes and requirements
  • Completion of due diligence and verification by third-party buyers
  • Receipt of all required documentation
  • Title verification and transfer requirements
  • Legal review and documentation preparation
  • Third-party buyer funding availability and wire transfer processing
  • State-specific legal requirements
  • Additional third-party dependencies (title companies, attorneys, etc.)

No Control Over Third-Party Timelines: BuyHerePayHereNotes.com has no control over third-party buyer timelines, processes, or actions. We make no guarantee that any specific timeline will be met. Actual timelines may be significantly longer than indicated estimates, or may never occur if no buyer chooses to engage with your submission.

6. Third-Party Valuations and Offers

All valuations and offers come from third-party buyers, not from BuyHerePayHereNotes.com. Any portfolio valuations or purchase offers you receive:

  • Are made solely by third-party buyers at their discretion
  • Are subject to each third-party buyer's own terms and conditions
  • Are preliminary and non-binding until a formal purchase agreement is executed between you and the third-party buyer
  • Are subject to verification of submitted data and documentation by the third-party buyer
  • Are subject to satisfactory completion of due diligence by the third-party buyer
  • May be revised, reduced, or withdrawn at any time by the third-party buyer

BuyHerePayHereNotes.com makes no representations or guarantees regarding any third-party buyer's offers, valuations, terms, or reliability.

7. Data Submission and Accuracy

You represent and warrant that:

  • All data and information you submit is accurate, complete, and current
  • You have the legal right and authority to sell the portfolio you submit
  • All submitted loan contracts and related documents are valid and enforceable
  • You have complied with all applicable laws in originating and servicing the loans

8. No Fees to BuyHerePayHereNotes.com

BuyHerePayHereNotes.com does not charge dealers any fees for submitting portfolios or being connected with potential buyers. Our revenue comes from fees paid by third-party buyers in our network, not from dealers.

However, you acknowledge that:

  • Third-party buyers may have their own fee structures or discount rates when making offers
  • You may incur your own costs including but not limited to legal fees, accounting fees, or other professional services you choose to engage
  • BuyHerePayHereNotes.com is not responsible for any fees charged by third-party buyers

9. No Relationship with Third-Party Buyers

BuyHerePayHereNotes.com:

  • Does not endorse, guarantee, or vouch for any third-party buyer
  • Is not responsible for third-party buyer actions, omissions, or conduct
  • Does not participate in negotiations between you and third-party buyers
  • Is not a party to any agreements you enter into with third-party buyers
  • Has no liability for disputes between you and third-party buyers

Any agreements, transactions, or disputes are solely between you and the third-party buyer.

10. Indemnification

You agree to indemnify, defend, and hold harmless BuyHerePayHereNotes.com, its officers, directors, employees, agents, affiliates, and partners from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

  • (a) Your breach of these Terms: Any violation or breach by you of any provision of these Terms of Service;
  • (b) Your use of the service: Your use of the BuyHerePayHereNotes.com website or lead generation services, including any data or content you submit;
  • (c) Your violation of any law: Your violation of any applicable law, regulation, or third-party right;
  • (d) Disputes with third-party buyers: Any dispute, claim, or transaction between you and any third-party buyer, including but not limited to disputes arising from offers, valuations, negotiations, contracts, or failed transactions;
  • (e) Inaccurate information: Any inaccurate, incomplete, or misleading information you provide through our website;
  • (f) Negligence or misconduct: Any negligent acts, omissions, or willful misconduct by you in connection with your use of our services.

This indemnification obligation will survive termination of your use of our services and these Terms of Service. BuyHerePayHereNotes.com reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYHEREPAYHERENOTES.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your use or inability to use our lead generation services
  • Any third-party buyer actions, omissions, delays, or failures
  • Failure of any third-party buyer to contact you, evaluate your portfolio, or make an offer
  • Any third-party buyer's withdrawal, revision, or reduction of valuations or offers
  • Any failure of third-party buyers to meet estimated timelines
  • Any disputes, disagreements, or failed transactions with third-party buyers
  • Quality, reliability, or conduct of third-party buyers
  • Any misrepresentations or breaches by third-party buyers

BuyHerePayHereNotes.com's total liability to you for any claims arising from use of this website shall not exceed $100.

12. Confidentiality and Data Sharing

We will maintain the confidentiality of submitted portfolio data in accordance with our Privacy Policy, except that:

  • Your submitted portfolio data will be shared with third-party buyers in our network
  • Third-party buyers may use your data for evaluation and potential purchase purposes
  • We cannot control how third-party buyers use or protect your data once shared
  • You should review each third-party buyer's own privacy and data practices

13. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. Continued use of our services after modifications constitutes acceptance of the modified terms.

14. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Agreement to Arbitrate: You and BuyHerePayHereNotes.com agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or your use of our services (collectively, "Disputes") will be settled by binding arbitration, rather than in court, except that either party may bring a claim in small claims court if the claim qualifies.

Arbitration Procedures: The arbitration will be conducted by a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in effect at the time the arbitration is initiated. The arbitrator's decision will be final and binding, and judgment on the arbitration award may be entered in any court having jurisdiction. The arbitration shall take place in New Castle County, Delaware, or at another location mutually agreed upon by the parties.

Waiver of Jury Trial: YOU AND BUYHEREPAYHERENOTES.COM HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and BuyHerePayHereNotes.com are instead electing that all Disputes shall be resolved by arbitration under this agreement.

Class Action Waiver: YOU AND BUYHEREPAYHERENOTES.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. Unless both you and BuyHerePayHereNotes.com agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, class, or collective proceeding.

Exception for Small Claims: Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim is within the court's jurisdiction and proceeds on an individual (non-class) basis.

30-Day Right to Opt Out: You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to BuyHerePayHereNotes.com at the contact address provided in Section 17 within thirty (30) days of your first use of the service. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other terms of these Terms of Service will continue to apply.

Severability: If any portion of this arbitration provision is found to be unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class, representative, or collective arbitration).

15. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. To the extent that any lawsuit or court proceeding is permitted under these Terms (including claims brought in small claims court or to enforce an arbitration award), you agree that any legal action or proceeding related to these Terms or your use of our services shall be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and BuyHerePayHereNotes.com regarding use of our website and lead generation services, superseding any prior agreements.

17. Contact Information

For questions about these Terms of Service, please contact us at:

BuyHerePayHereNotes.com
Phone: (678) 541-8067
Website: https://buyherepayherenotes.com