Terms of Service

By accessing or using the Guardian Notes Servicing platform (the “Service”), you agree to be bound by these Terms of Service (the “Terms”). If you do not agree to all of these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and Guardian Notes Servicing, LLC (“Guardian Notes,” “we,” “us,” or “our”).

We may modify these Terms at any time by posting the revised version on our website. Your continued use of the Service after any changes constitutes acceptance of the revised Terms.

Guardian Notes provides a software platform designed to help sellers of real estate track, record, and report payments on owner-financed and seller-carryback mortgage notes. The Service includes payment ledger tracking, amortization schedules, document storage, and borrower-facing reporting tools. We do not originate loans, underwrite credit, or act as a licensed mortgage servicer, escrow agent, or collection agency unless expressly disclosed in a separate written agreement.

You must be at least 18 years old and legally capable of entering into contracts to use the Service. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You agree to use the Service only for lawful purposes related to seller-financed real estate transactions involving residential homes and land. You may not use the Service to track payments on business equipment, vehicles, commercial paper, or any asset type unrelated to real property.

You may not upload malware, attempt to reverse-engineer the platform, scrape data, or interfere with the integrity or performance of the Service. You are solely responsible for the accuracy of the loan terms, payment records, and documents you enter into the system.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GUARDIAN NOTES DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, secure, or that any defects will be corrected. Amortization calculations, tax summaries, and payoff quotes generated by the platform are computational tools only and should be verified independently before reliance. We are not a substitute for licensed legal, accounting, or tax professionals.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUARDIAN NOTES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN ALL CASES, GUARDIAN NOTES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS (US$100.00).

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GUARDIAN NOTES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM OR RELATING TO: (A) YOUR USE OF THE SERVICE; (B) ANY LOAN, NOTE, OR REAL ESTATE TRANSACTION YOU TRACK, SERVICE, OR ADMINISTER USING THE PLATFORM; (C) YOUR VIOLATION OF THESE TERMS; (D) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PERSON OR ENTITY; OR (E) ANY DISPUTE BETWEEN YOU AND A BORROWER, BUYER, SELLER, OR OTHER PARTY TO A REAL ESTATE TRANSACTION.

This indemnification obligation survives the termination of these Terms and your use of the Service. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

Nothing on the Service constitutes legal, tax, or financial advice. The platform is a record-keeping and reporting tool. We do not review your loan documents for compliance with federal, state, or local law. You are responsible for ensuring that your seller-financed transactions comply with the Dodd-Frank Act, SAFE Act, state usury limits, licensing requirements, and all other applicable regulations.

Access to certain features of the Service requires payment of subscription fees as described on our pricing page. All fees are non-refundable except as required by law or as explicitly set forth in a separate written agreement. We may change our fees upon reasonable notice. Failure to pay may result in suspension or termination of your account.

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration in Dallas County, Texas, in accordance with the rules of the American Arbitration Association. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

If you have any questions about these Terms, please contact us at legal@guardiannotes.com or by mail at Guardian Notes Servicing, LLC, Attention: Legal Department, Dallas, Texas.