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Platform Posting Agreement

Please read this Platform Posting Agreement carefully before using Commercial Notes Online.

This Agreement governs any property you list on Commercial Notes Online through our self-serve listing flow. By submitting a listing, you accept the terms below and electronically sign this Agreement. This Agreement supplements — and does not replace — our Terms of Service, Privacy Policy, and Refund Policy.

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Commercial Notes Online operates as an advertising-only platform. We do not act as a real-estate broker or salesperson; we do not negotiate, draft, or counsel on the terms of any transaction; we do not represent buyer/investors, seller/owners, agent/brokers, or wholesalers; and we do not accept, hold, or disburse buyer or seller funds. Our service is structured to fit within the advertising-only treatment recognized for online listing portals under New Hampshire law (see New Hampshire RSA 477 for Conveyances of Realty and Interests Therein, New Hampshire RSA 479 for Mortgages and Foreclosures, and the New Hampshire Real Estate Comission where authority comes from RSA 331-A and Commission Rules. The governing law is the New Hampshire Real Estate Practice Act RSA 331-A and the Commission's administrative rules, including N.H. Admin. Code Rea 404.05. New Hampshire's advertising requirements extend to electronic media, including websites, web pages, and social media). Seller/Owners who want representation, negotiation, escrow, title, or financing advice must retain their own licensed professionals.

I am the legal owner of this commercial property, or I am an authorized seller, agent, broker or wholesaler with a valid, in-force written contract granting me the right to market and (if applicable) assign it. I will provide proof on request, and I understand a false claim of authority may result in immediate removal, account termination, and personal liability to the true seller/owner.

For the avoidance of doubt, Commercial Notes Online is a marketplace platform only and does not earn or claim any real-estate commission on any sale. The commercial property is not currently subject to an exclusive listing agreement with a real-estate broker, exclusive option, exclusive right-to-purchase, or other contract that would prohibit, restrict, or entitle a third party to a commission on a sale arising from this listing. I will indemnify Commercial Notes ONline against any tortious-interference, commission, or broker-protection claim brought by a third party as a result of my decision to list here.

If I am marketing as a wholesaler/assignor: my purchase contract permits assignment, my assignment fee or spread is or will be disclosed to the end buyer in writing before closing, and I will comply with the wholesaler-disclosure and real-estate-licensing laws of the state where the commercial property is located, including (where applicable) the State of New Hampshire RSAs 477 and 479, and any other applicable wholesaler-disclosure or licensing law. If I am not a wholesaler, this section does not apply to me.

If the commercial property is currently leased or otherwise occupied by a tenant: I have, or will obtain before each access, all consents and statutory notices required under the landlord-tenant law of the state where the property is located (for properties in the State of New Hampshire, this includes New Hampshire RSAs 477 and 479 reasonable-notice rule for entry and showings), and I have a right under the lease — or the tenant's written permission — to photograph and publicly market the commercial property while occupied. I will not list, photograph, or show in a way that violates the tenant's right of quiet enjoyment, and I accept sole responsibility for any tenant claim. If the commercial property is not tenant-occupied, this section does not apply to me.

I own or have valid, written licenses to every photo, video, floor plan, drawing, description, and other content I uploaded. I have NOT used photos taken by another real-estate agent, MLS, photographer, stager, or prior listing without their written permission (those works remain their copyright). I grant Commercial Notes Online a worldwide, royalty-free, sublicensable license to host, display, distribute, reformat, and use this content to market the listing across our website, social channels, email, paid ads, syndication partners, and to train and improve our internal recommendation, matching, and pricing models in de-identified form, for as long as the listing is live and a reasonable archival period after. I expressly authorize Commercial Notes Online (and its vendors, including machine-learning and AI image services) to edit, crop, rotate, straighten, color-correct, white-balance, brighten, sharpen, denoise, upscale, AI-enhance, watermark, brand, compose into collages, add or remove overlays, blur incidental personal items (faces, license plates, addresses, screens), and remove or replace skies, all without separate notice or approval, and I agree that the edited or AI-enhanced version may be displayed as the public listing image in place of the original. I waive any moral-rights, attribution, integrity-of-the-work, or misrepresentation claim arising from these good-faith edits, except where an edit fabricates a material physical feature that does not exist at the commercial property (for example: adding a pool, garage, or room that is not actually there). I represent that I have the right to grant this enhancement license on behalf of any photographer, agent, or vendor I engaged, and that no third party retains a contractual veto over edits to these images. I will indemnify and hold Commercial Notes Online harmless from any claim, including DMCA, copyright, trademark, right of publicity, privacy, or misrepresentation claims, arising from content I submitted or from edits made within the scope of this license.

Any aerial or drone imagery I uploaded was captured in compliance with FAA regulations, including 14 C.F.R. Part 107 where applicable (commercial small-UAS rule), and with the consent of the commercial property seller/owner, agent/broker, or wholesaler, and any required airspace authorizations. I have also complied with all applicable state aerial-surveillance and privacy statutes, including (for properties in the State of New Hampshire) RSAs 477 and 479, which restricts the use of drones to capture images of privately owned property or its occupants without written consent. If no aerial footage is in my listing, this section does not apply to me.

The information in this listing is true, accurate, and not misleading to the best of my knowledge. I will promptly update or withdraw the listing if anything material changes (sale status, price, terms, commercial property condition, occupancy, liens, code violations, open permits).

Commercial Notes Online is not a licensed real-estate broker in any state, is not acting as my agent, does not represent me or any buyer/investor in negotiations, and is not a party to any purchase contract. The platform is not my attorney, CPA, escrow agent, mortgage broker, or title company and provides no professional or legal advice. I will retain my own qualified professionals.

I will not send or accept money — earnest money, deposits, option fees, down payments, monthly note payments, or closing funds — through Commercial Notes Online. All funds must flow through a licensed title company, escrow agent, or attorney in the state where the property is located. The platform never has custody of buyer or seller funds.

Commercial Notes Online does not perform credit, background, identity, employment, or income verification on buyers, and any "prequalified" badge reflects buyer/investor self-attestation only. I am solely responsible for verifying any buyer/investor's identity, creditworthiness, ability to close, and source of funds before entering any binding agreement.

State and federal seller/owner-disclosure obligations are entirely my responsibility — including the commercial property-disclosure law of the state where the property is located (in the State of New Hampshire, the requirement is stated in RSAs 477 and 479, to disclose known material defects), HOA/condo disclosures where applicable, the federal Lead-Based Paint Hazard Reduction Act for properties built before 1978, flood-zone disclosures, and any open-permit or unpermitted-work disclosures. The platform does not prepare, review, or guarantee my disclosures.

Usury laws and mortgage-lender-licensing requirements of the state where the commercial property is located apply to seller/owner-financed transactions (in the State of New Hampshire, this is administered by the RSAs 477 and 479, and seller/owner-financing more than a small number of loans per year may require a New Hampshire mortgage lender license). I will consult my own counsel as needed and accept sole responsibility for compliance in every applicable jurisdiction.

I am aware of Dodd-Frank and SAFE Act limits on seller/owner-financing of seller/owner-occupied commercial property (generally limiting non-licensed seller/owners to a small number of transactions per 12-month period and imposing ability-to-repay and balloon-payment rules), and I accept sole responsibility for compliance with those federal rules.

I will comply with the federal Fair Housing Act and all applicable state and local fair-housing laws. I will not include in my listing, or act on, preferences or limitations based on race, color, religion, national origin, sex (including gender identity and sexual orientation), familial status, disability, or any other protected class.

I consent to receive calls, SMS, and email from prospective buyer/investors routed through the platform, and from Commercial Notes Online about my listing, at any phone number or email address I provided, including via automated systems and pre-recorded messages. I also consent, on behalf of myself and any staff or representative who uses a platform-provisioned phone number on my behalf, to having calls and text messages placed or received through the platform recorded, monitored, transcribed (including by automated speech-to-text and AI summarization), and retained for quality assurance, training, compliance, fraud prevention, lead routing, and dispute resolution, including in jurisdictions that require all-party (two-party) consent (such as California, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington), as further described in Section 6 of the Privacy Policy. Standard message and data rates may apply. I can opt out of MARKETING messages at any time by replying STOP or using the unsubscribe link; TRANSACTIONAL messages about my listing (e.g., "your listing was approved," payment receipts, security alerts) will continue regardless.

Commercial Notes Online may reject, edit (for formatting, factual correction, or compliance), reorder, geo-target, pause, or remove my listing at any time, with or without notice. The platform does not guarantee any specific number of inquiries, offers, or a sale.

I authorize Commercial Notes Online to syndicate my listing to third-party portals and marketplaces (including, e.g., Facebook Marketplace, Zillow FSBO feeds, partner sites, and paid-ad platforms). Those platforms have their own terms; my content license extends to syndication partners for the purpose of displaying my listing.

If a buyer/investor is introduced to me through this platform, I will not remove the listing or use side channels to complete a transaction with that buyer/investor for the purpose of avoiding any platform fee that would otherwise be earned. Circumvention entitles Owner Financing Listings to its full earned fee plus reasonable attorneys' fees and collection costs.

I agree to indemnify, defend, and hold harmless Commercial Notes Online, its affiliates, officers, employees, and contractors from any claim, loss, demand, or expense (including reasonable attorneys' fees) arising out of (a) my listing or content, (b) my interactions with buyers or other users, (c) my breach of these acknowledgments, (d) any required seller/owner disclosure I failed to make, or (e) the actual sale or non-sale of the property. The platform's total aggregate liability to me is capped at the fees I paid for this listing in the prior 12 months, or one hundred dollars ($100), whichever is greater. The platform is not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages.

Any listing fees, upgrade fees, or other amounts I pay to Commercial Notes Online are governed by the Refund Policy posted at /refund-policy as it existed on the date of my payment. I have had the opportunity to review the Refund Policy before purchasing and I accept those refund terms. I agree to pursue any refund or fee dispute through the Refund Policy process — including good-faith email contact with support@commercialnotes.online — before initiating a credit-card chargeback, ACH reversal, or bank dispute. Filing a chargeback or payment reversal in violation of this provision is a material breach of this Agreement, entitles Owner Financing Listings to recover the disputed amount plus reasonable processing fees and attorneys' fees, and may result in account termination and removal of the listing.

If I opt my listing into the Affiliate Referral Network on the listing form, I agree to pay the referral fee I set (minimum two thousand dollars, $2,000) to any approved affiliate whose referred buyer actually closes and funds clear on this property, governed by the Commercial Notes Online Affiliate Program Agreement posted at /landing/affiliate-program-agreement. I understand that (a) the Platform has sole discretion to resolve attribution disputes, including multi-affiliate conflicts and buyer-already-in-my-pipeline claims, (b) opting out is prospective only and does not cancel referral fees already attributed to my commercial property before opt-out, (c) the referral fee is owed at closing and after funds clear, (d) the Platform may claw back any paid referral fee, or offset future payouts, within ninety (90) days of closing if the sale is rescinded, refunded, materially modified, or charged back, and (e) Commercial Notes Online is a marketplace, not a real-estate broker, and any fee is a referral fee for platform introduction, not a real-estate commission.

Any dispute between me and Commercial Notes Online arising out of or relating to this Agreement or my use of the platform will be resolved by FINAL AND BINDING INDIVIDUAL ARBITRATION administered by the state of New Hampshire Probate Court, and I WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. I may opt out of this arbitration provision by emailing legal@commercialnotes.online within thirty (30) days of first accepting this Agreement; opting out does not affect any other provision. Either party may still bring an individual claim in small-claims court.

Even after I or the platform removes the listing, Commercial Notes Online may retain copies of submitted content and acceptance records for archival, legal, tax, fraud-prevention, and regulatory-compliance purposes for up to seven (7) years, and longer if required by law or a pending dispute.

I agree that checking the master acknowledgment box and clicking Submit (after reviewing the items above while signed in to my authenticated account) constitutes my electronic signature on this Agreement, with the same legal force and effect as a handwritten signature, under the federal E-SIGN Act (15 U.S.C. Chapter 96) and the Uniform Electronic Transaction Act (or equivalent electronic-signature statute) of the state where the property is located, including (for properties in New Hampshire), RSAs 477 and 479. Commercial Notes Online will record the acceptance with a timestamp, my account's legal name as it appears in my profile, my IP address, my browser user agent, the exact version of this Agreement, and a snapshot of the listing as signed, and will retain that record as described below. If Commercial Notes Online materially updates this Agreement, I will be notified by email and required to re-accept the next time I edit my listing; my live listing remains governed by the version I most recently signed.

This Agreement is governed by the laws of the State of New Hampshire, without regard to its conflict-of-laws principles. Except for claims that must be brought in arbitration under the arbitration acknowledgment above, and individual small-claims actions, any dispute arising out of or relating to this Agreement will be brought exclusively in the state or federal courts located in the State of New Hampshire, and the parties consent to personal jurisdiction there. If any provision of this Agreement is held unenforceable, the remaining provisions remain in full force. The license grant in the Photos and Content section, the indemnification and liability cap, the arbitration and class-action waiver, and the content retention sections all survive termination of this Agreement and removal of the listing.

If you believe content on Commercial Notes Online infringes your copyright, send a DMCA notice (17 U.S.C. § 512(c)(3)) to our designated agent:

DMCA Agent, Commercial Notes Online

Email: legal@commercialnotes.online

Mailing address available on request.

Notices must identify the copyrighted work, the infringing material's location on the site, your contact information, a good-faith statement, a statement under penalty of perjury that you are authorized to act, and your physical or electronic signature. We will respond to valid notices in accordance with the DMCA and may terminate repeat infringers.

This Agreement, together with the Terms of Service, Privacy Policy, and Refund Policy referenced above, is the entire agreement between you and Commercial Notes Online regarding your listing and supersedes any prior or contemporaneous understandings on that subject.