Last updated January 2024
Notable Finance, LLC ("Notable")
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE NOTABLE WEBSITE OR APPLYING FOR A NOTABLE LOAN, YOU AGREE TO BE BOUND BY THE (1) NOTABLE TERMS OF SERVICE, (2) NOTABLE E-SIGN AGREEMENT, AND (3) NOTABLE PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE NOTABLE WEBSITE OR APPLY FOR A NOTABLE LOAN. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND ANY LOAN AGREEMENT OR OTHER WRITTEN AGREEMENT SIGNED BETWEEN YOU AND NOTABLE, THE TERMS OF THAT WRITTEN AGREEMENT WILL CONTROL.
1.1. The Parties to this Agreement.
These Terms of Service describe a contractual relationship ("Agreement") between you ("you" or "your") and Notable Finance, LLC ("Notable," "we," "us," "our"), regarding your use of this web site ("Website"), your use of the services as described in Section 2.1 below, and your access to your Notable account information and services through the Website (together, the "Notable Services" or "Services").
1.2. Changes to this Agreement.
Notable may, from time to time, unilaterally amend all or part of this Agreement, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes. Notable will notify you electronically of any changes to this Agreement as required by applicable law. Your use of the Website and/or Services after the effective date of the change shall constitute your agreement to be bound by the terms of the change. It is your responsibility to review the Agreement periodically for any changes.
1.3. Your Eligibility.
To be eligible to use the Services, you must be at least 18 years old (19 years old in Alabama or Nebraska) and a resident of the United States or its territories. You represent and warrant that you are eligible to use the Services. Your eligibility for particular products and services is subject to our and/or our Affiliates' final determination, restriction and acceptance.
2.1. The Notable Services.
Notable loans are a closed-end loan product with standard terms, administered through Notable's proprietary technology platform. Loan term options may vary based on a variety of factors including the product you are applying for, your credit, and other factors.
2.1.1. Your Promise to Pay.
Before completing any transaction on your behalf through any Notable Services, Notable will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your consent to those terms for that transaction, including your promise to pay the payments due under any loan.
2.1.2. Interest Rates.
Notable offers competitive interest rates on unsecured consumer loans, depending on the loan program, but you are always required to repay the loan extended to you on the terms set forth in any final loan agreement.
2.1.3. Finance Charge.
If you are subject to a finance charge, Notable will always disclose the specific finance charge before you agree to any loan.
2.2. Cancelling Transactions.
Notable may choose not to provide service to you or to specific merchant sites at any time for any reason, including but not limited to, your creditworthiness, your history of transactions on our site, or any other reason. Notable may cancel transactions at any time.
2.3. Collecting Information About You.
By using the Website or Notable Services, you authorize Notable, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. Notable reserves the right to close, suspend, or limit access to your account and/or the Services in the event we are unable to obtain or verify this information.
2.4. Credit Investigation and Reporting.
By using the Notable Services, you give Notable permission to investigate your credit record and obtain your credit report in connection with the review of your application for credit. A credit report may also be requested in connection with a credit extension, credit limit request, account renewal or maintenance, account collection action or dispute investigation. You understand that Notable may report information about your loan (such as on-time, late, and missed payments, any defaults, and the fact you paid off your loan) to credit reporting agencies.
2.5. Consent to Employment Verification.
By providing Notable with your employment information you are providing written consent permitting Notable to contact third parties as necessary to verify your income and employment.
2.6. Collection.
You agree to allow Notable to send you payment reminders from time-to-time. Notwithstanding whether you have consented or withdrawn your consent to the Notable E-Sign Consent, you agree that payment reminders may take the form of any available communication, including phone calls or text messages. You also agree that if you fail to pay an amount owed to Notable pursuant to your loan agreement, Notable may engage in collection efforts to recover such amounts from you. These collection efforts may involve contacting you directly, submitting your information to a collections agency, or taking legal action. FAILURE TO PAY MAY AFFECT YOUR CREDIT SCORE.
2.7. Communication & Notification.
You agree that Notable may provide you communications about your account and the Notable Services electronically or through phone calls or in writing. Providing your telephone contact information to us means you have consented in writing to receive SMS communications (text messages) from us and our Affiliates. Standard mobile, message, or data rates may apply and you are responsible for any such fees. Any electronic communications will be considered to be received by you within twenty-four (24) hours of the time we email it to you or otherwise send it to your attention (such as via sms or other online notification). We may assume you have received any communications sent to you by postal mail three (3) business days after we send it. If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or e-mail via:
a mobile phone or landline you provide to us, use or have used to contact us, or at which we believe we can reach you (even if it is not yours),
any email address you provide to us or one of our merchant partners or affiliates,
automated dialer systems and automatic telephone dialing systems, and/or
pre-recorded or artificial voice messages and other forms of communications.
You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges. You understand and agree that Notable may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Notable or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Notable may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Notable, and Notable does not guarantee that recordings of any particular telephone calls will be retained or retrievable. Notwithstanding this provision, Notable's delivery of any disclosures governed by the Notable E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such disclosures in electronic form.
2.8. Working with Third Parties.
If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party's product or service or through your Notable account, you acknowledge that Notable may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Notable responsible for, and will indemnify Notable from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
3.1. Agreement to Provide Accurate Information.
When you provide information to Notable, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate.
3.2. Delays in Processing.
In some cases when you attempt to use the Notable Services to make a purchase, the transaction may be held as pending or be otherwise delayed for processing and confirmation by either Notable or the merchant and can be cancelled at any time until it is confirmed by Notable.
3.3. User Responsible for Fees.
If you use the Notable Services, you are responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.
3.4. Repayment Methods.
You may use one of the acceptable methods of payment set forth in your loan agreement to make one-time transactions to pay your account as payments become due or you may set up automatic monthly account payments from your financial institution. You can opt-in to automatic payments through your customer account portal.
3.5. Access to Your Account.
You are responsible for maintaining the secrecy of the login credentials to your Notable account. You agree to establish reasonable security procedures and controls to limit access to your identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Notable utilizes two-factor authentication codes for security in accessing your account. You are also responsible for maintaining the accuracy of the information in your Notable account, including but not limited to your current address and contact telephone number.
3.6. Website Content.
The information on Notable's Website is for information purposes only. It is believed to be reliable, but Notable does not make any promises as to its completeness, timeliness or accuracy. Although we try to provide accurate and timely information on the Website, there may be inadvertent, technical, or factual inaccuracies and typographical errors. For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on the Website. The information and materials contained in the Website, and in this Agreement, are subject to change without notice. We and/or our Affiliates may discontinue or make changes to the information, products, licenses, or services described on the Website at any time. Any dated information is published as of its publication date only. We and/or our Affiliates do not undertake any obligation or responsibility to update or amend any such information. We and/or our Affiliates reserve the right to terminate any or all offerings without prior notice. Furthermore, by offering information, products, or services via the Website, no solicitation is made by us and/or our Affiliates to any person to use such information, products, or services in jurisdictions where the provision of information, products, or services is prohibited by law.
Access to the Services may from time to time be unavailable, delayed, limited or slowed due to, among other things: servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment, software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content; overload of system capacities, damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters, interruption (whether partial or total) of power supplies or other utility of service, strike or other stoppage (whether partial or total) of labor, governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention, or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Notable.
3.7. Links to Other Websites.
Links to non-Notable websites may be provided to affiliate or merchant partner websites, or to point to information on topics that may be useful to users of the Services; Notable has no control over the content on such non-Notable websites. Notable makes no warranties concerning the content of such websites, including the accuracy, completeness, or reliability of said websites, nor does Notable warrant that such websites or content are free from any claims of copyright, trademark or other infringement of the rights of third parties or that such sites or content are devoid of viruses or other contamination. If you visit a link to another website, you do so at your own risk subject to the terms and conditions established by the operator of that website. The fact that Notable provides a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website's owners or sponsors. We reserve the right to terminate a link to a third-party website at any time.
3.8. Closing Your Account.
You may close your account at any time by contacting us at info@notablefi.com. Upon account closure, we will cancel any pending transactions unless otherwise legally prohibited. If you owe any payment, Notable will not close your account until that payment has been made, but we may limit your ability to make additional transactions using your account. You will remain liable for all obligations related to your account even after the account is closed. Notable will retain your information in accordance with our Privacy Policy.
3.9. Dormant Accounts.
Notable may close your account if you do not log in to the Website or use the Notable Services for two (2) or more years. Notable may also close your account for failure to use your loan funds within a certain amount of time following the approval of your loan. See your loan agreement for further details. Notable will retain your information in accordance with our Privacy Policy.
3.10. Feedback You Provide.
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
By using Notable's Website or Services, you agree that:
4.1. You will not engage in any activities related to the Services that are contrary to any applicable law or regulation or the terms of any agreements you may have with Notable;
4.2. You will not provide false, inaccurate or misleading information;
4.3. You will not provide information belonging to any person other than yourself;
4.4. You will not use an account that belongs to another person for yourself or on behalf of another person without Notable first approving you as an authorized representative on that person's behalf. Notable may request additional documentation from you in order to determine whether to grant such authorization;
4.5. You will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services;
4.6. You will not breach this Agreement or any other agreement that you have agreed to with Notable;
4.7. You will not use the Services to accomplish a cash advance, in violation of any applicable cardholder agreement;
4.8. You will not commit unauthorized use of Notable's Website and systems including but not limited to unauthorized entry into Notable's systems, misuse of passwords, or misuse of any information posted to a site; and
4.9. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.
5.1. Disputes with Notable.
If a dispute arises between you and Notable, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact Notable at info@notablefi.com to try resolving your problem directly with us.
5.2. Mandatory Arbitration.
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF USE BY USING THE NOTABLE SERVICES OR THE WEBSITE. Except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Website, your use of the Notable Services, a product offered or provided by or through the Website or Services, or otherwise arising out of or relating to this Agreement or the Services that cannot be resolved directly between you and Notable shall be resolved by non-appearance-based binding arbitration, rather than in court. Except as otherwise provided in this Agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the "AAA") pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (the "Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Notable will pay all arbitration fees and expenses. The arbitration shall be conducted by telephone or electronic means and/or shall be solely based on written submissions, the specific manner of which shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and Notable each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. You and Notable hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms. You also agree that Notable may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of Notable and all of its partners, affiliates, shareholders, employees, and agents of any kind (together, our "Affiliates"). Except as explicitly provided elsewhere in this Agreement, all claims you bring against Notable must be resolved in accordance with this Section. Any claim filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Notable may recover from you attorneys' fees and costs up to $1,500 per claim, provided that Notable first has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
5.3. Restrictions.
You and Notable agree that any arbitration shall be limited to the dispute between Notable and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
5.4. Exceptions to Informal Negotiations and Arbitration.
You and Notable agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Notable's intellectual property rights; (2) any claim for injunctive relief; and (3) any claims related to enforcement or repayment of any loan agreement you separately enter into with Notable.
6.1. Operations.
Notable operates and controls the Services from its offices in the United States. Notable makes no representation that the Services are appropriate or available in other locations outside of the United States. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Notable to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms of Use are effective until terminated by either party. You may terminate these Terms by destroying all materials obtained from the Services, Notable or any other website or source and paying all amounts you owe (including any fees or expenses incurred or imposed by Notable) in full under your applicable loan agreement. The privileges granted to you under these Terms of Use will terminate immediately and automatically without notice from Notable if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. You may not assign these Terms of Use without Notable's prior written consent, but Notable may assign these Terms of Use and its rights and obligations hereunder to any party at any time without any notice to you. These Terms of Use contain the entire understanding between you and Notable and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as agreed to in writing by Notable. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Notable's request, you will furnish Notable any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against Notable by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
6.2. Enforceability and Governing Law.
The failure of Notable to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. These Terms of Use set forth the entire understanding between you and Notable with respect to the Services. If any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. The laws of the State of New York govern your access to, and use of, the Services and the terms of this Agreement.
6.3. Intellectual Property.
All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Notable or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.
6.4. Trademark.
"Notable" is the marketing name for certain financial services activities of Notable Finance, LLC as operator of the Services. "Notable" is a registered trademark with the US Patent and Trademark Office. Other featured words or symbols may be the trademarks of their respective owners.
6.5. Indemnification.
You agree to indemnify and hold Notable and/or Notable's Affiliates harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your use of the Services or your use of the Website in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Notable and its Affiliates reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.
6.6. WARRANTY.
NOTABLE AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. NOTABLE AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NOTABLE AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.
6.7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL NOTABLE OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES; USE OF ANY PRODUCT AVAILABLE FROM OR THROUGH THE WEBSITE; USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY INFORMATION PROVIDED ON THIS WEBSITE; IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY E-MAIL OR OTHER ELECTRONIC MEANS OR RECEIVING E-MAILS FROM YOU; EVEN IF NOTABLE AND/OR NOTABLE'S AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. NOR ARE NOTABLE OR ITS AFFILIATES LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER NOTABLE NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
THIS WEBSITE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.8. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms of Use or Privacy Policy (for the avoidance of doubt, this does not include any action arising out of or related to any loan agreement you enter into with Notable) you may file, must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
No failure, omission, or delay on Notable's part to exercise any right under this Agreement will preclude any other further exercise of that right or other right under this Agreement.
6.9. No Third-Party Beneficiaries.
This Agreement is between you and Notable. No third-party has any rights to force Notable to enforce any rights it may have against you or any other user.
6.10. Government Use.
If You are a part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Services and any related software are "commercial items," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the Services by the Government shall be governed solely by this Agreement.
6.11. Covered Borrowers under the Military Lending Act.
Notwithstanding any other provision of this Agreement, Sections 5.2, 5.3, 6.7, and 6.8, and the waiver of defenses provision of Section 6.1 shall not apply to a "covered borrower" under the Military Lending Act, as defined in 32 C.F.R. § 232.3(g). Furthermore, nothing in this Agreement shall be construed as applying to a covered borrower to the extent inconsistent with the Military Lending Act.
1. Your Consent To Do Business Electronically.
The purpose of this eDisclosure Consent is to obtain your consent to receive from Notable Finance, LLC ("Notable") in electronic form, rather than in paper form, all disclosures, notices, and records, including disclosures, notices and records the Company is obligated by law or regulation to deliver to you in connection with your loan from Notable (“Notable Loan”) and any other information we provide to you, as well as agreements for your digital signature (collectively, "Communications"). If you apply for a loan with Notable, you are providing your ESIGN Consent and the Company will make Communications available to you electronically instead of providing them to you in paper form. Before using any of Notable’s services, you must review and consent to the terms outlined below.
For purposes of this ESIGN Consent, "you" and "your" mean the person giving this ESIGN Consent submitting an application to the Notable Website and "we," "our" and "us" means Notable and/or its loan servicer, if it chooses to designate one.
2. Your Consent to Use Electronic Records and Signatures.
In our sole discretion, the communications and records we provide to you, or that you sign or agree to at our request, may be in electronic form. We may also use electronic signatures and obtain them from you as part of our transactions with you.
During the life of your financial transaction with us, you agree to receive all Communications in electronic form. You agree that we may discontinue sending paper Communications to you unless and until you withdraw consent as described herein. Your consent remains in effect until you give us notice that you are withdrawing it.
From time to time, you may seek to obtain a new product or service from Notable. When you do, we may remind you that you have already given us your consent to use electronic Communications and signatures. If you decide not to use electronic Communications or signatures in connection with the new product or service, your decision does not mean you have withdrawn this consent for any other Notable product or service.
3. Electronic Delivery.
Communications may be delivered to you in a variety of ways, including by text message, email (or a link set forth in an email), an e-sign program such as DocuSign, online posting at an online location designated by us, and/or Portable Document Format ("PDF") files such as Adobe Acrobat Reader®.
4. Update Records.
It is your responsibility to provide us with a true, accurate and complete email address, contact information, and other information related to your application, and to maintain and promptly notify us of any changes to this information. You can update such information (such as your email address) by contacting Notable at support@notablefi.com.
5. Communications In Writing.
All Communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of all your Communications, and any other Communications that are important to you.
We encourage you to print and retain a copy of this ESIGN Consent for your records.
6. Notices From You Are Not Covered.
From time to time, the law, or our agreement with you, may require you to give us a written notice. You must still provide these notices to us on paper, unless we specifically tell you in another Communication how you may deliver that notice to us electronically.
7. No Retroactive Withdrawal of Consent.
Because we will provide some electronic Communications to you almost instantaneously, once you have given us your consent to do business with us electronically, you will not be able to withdraw your consent relating to Communications we have already provided electronically to you pursuant to that consent. If you decide to withdraw your consent, the legal validity and enforceability of our prior electronic Communications and communications to you will not be affected.
8. Hardware and Software Requirements.
In order to receive, access and retain Communications from us electronically, you will need the following computer software and/or hardware:
A current version (i.e., a version of the software that is currently being supported by its publisher) of an internet browser we support (i.e. Chrome, Edge, Firefox, Internet Explorer, Safari, Opera, Android, and Samsung),
A cellular phone that can send and receive texts (Carrier charges may apply. Please see your individual carrier for charge disclosures),
A connection to the internet,
An email address,
A current version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader, and
A computer and an operating system capable of supporting all of the above.
You will also need (1) a printer if you wish to print out and retain records on paper, and (2) electronic storage if you wish to retain records in electronic form.
9. Your Option to Receive Paper Copies.
If you do not have the required software and/or hardware, or if you do not wish to receive Communications, including but not limited to your Notable Loan application, the related legal disclosures and agreements, electronically from us for any other reason, you may elect to receive paper versions by sending an email to support@notablefi.com. Such requests will be subject to printing and postage fees unless charging a fee is prohibited by applicable law.
10. You May Withdraw Your Consent at Any Time.
You may withdraw your consent to receive electronic Communications at any time by contacting Notable at support@notablefi.com. Doing so may delay Notable's communications with you and may prevent you from being eligible for an increase in, or modification of, your loan, and may make you ineligible for other Notable loans. Your withdrawal of consent will become effective after we have a reasonable opportunity to act upon it.
11. Non-Receipt of Electronic Communications Beyond Notable’s Control.
Notable is not responsible for any non-receipt of notifications or electronic Communications due to: (i) your email address on file being invalid, (ii) your email or Internet service provider filtering the notification as "spam" or "junk mail," (iii) a malfunction in your computer, browser, Internet service and/or software, or (iv) other reasons beyond our control.
12. Electronic Signatures in Global and National Commerce Act.
You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
13. Changes to the Provision of Electronic Communications.
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.
14. Additional Examples of Electronic Communications Covered by this ESIGN Consent.
Examples of Communications covered by this ESIGN Consent include, but are not limited to:
This ESIGN Consent and any amendments;
Notable’s online terms and conditions;
Your Notable Loan application;
Your Notable Loan agreement;
All disclosures related to your Notable Loan;
All periodic account and activity statements, disclosures and notices we provide to you concerning your Notable Loan;
Any other agreement you enter into with Notable;
Notices of amendments to any of your agreements with Notable;
Any notice or disclosure regarding fees or assessments of any kind, including late fees or nonsufficient funds fee;
Other disclosures and notices that Notable is legally required to provide to you, or chooses to provide to you in Notable’s discretion; and
All communications related to any Notable product or service, except for those, if any, excluded by the terms of this ESIGN Consent.
15. Your Acknowledgements.
YOU ACKNOWLEDGE THAT BY SUBMITTING A LOAN APPLICATION WITH NOTABLE CONSENT TO HAVING ALL COMMUNICATIONS PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH US ELECTRONICALLY.
YOU ALSO ACKNOWLEDGE THAT YOU HAVE THE HARDWARE AND SOFTWARE DESCRIBED ABOVE, YOU CAN ACCESS THE ELECTRONIC COMMUNICATIONS IN THE DESIGNATED FORMATS DESCRIBED ABOVE, AND THAT THE COMPUTER(S) YOU ARE USING NOW AND WILL LATER USE MEET THE SYSTEM REQUIREMENTS DESCRIBED ABOVE. YOU ALSO ACKNOWLEDGE THAT YOU HAVE BEEN ABLE TO READ THIS AGREEMENT USING YOUR COMPUTER AND SOFTWARE; YOU HAVE SUCCESSFULLY PRINTED OR DOWNLOADED A COPY OF THIS AGREEMENT; YOU HAVE ACCESS TO AN ACCOUNT WITH AN INTERNET SERVICE PROVIDER; AND ARE ABLE TO RECEIVE AND REVIEW COMMUNICATIONS ELECTRONICALLY AND YOU ARE ABLE TO SEND AND RECEIVE EMAIL.
YOU ALSO CONFIRM THAT YOU ARE AUTHORIZED TO, AND DO, CONSENT ON BEHALF OF ALL OTHER AUTHORIZED REPRESENTATIVES OR USERS ASSOCIATED WITH YOUR NOTABLE LOAN ACCOUNT.
Notable Finance is a direct lender dedicated to providing a fast, transparent digital lending experience backed by superior customer support.
California customers: Loans made or arranged pursuant to a California Finance Lenders Law License. Not available in all states.
New Mexico Residents: TO REPORT A PROBLEM OR COMPLAINT WITH THIS LENDER, YOU MAY WRITE OR CALL: Chief Compliance Officer, Sofia Skarlatos. Six Landmark Square, Floor 4 Stamford, CT 06901, (833) 615-0252, Compliance@notablefi.com This lender is licensed and regulated by the New Mexico Regulation and Licensing Department, Financial Institutions Division, P.O. Box 25101, 2550 Cerrillos Road, Santa Fe, New Mexico 87504. To report any unresolved problems or complaints, contact the division by telephone at (505) 476-4885 or visit the website https://www.rld.nm.gov/financial-institutions/.
Notable Finance is a registered trademark with the USPTO.
All rights reserved © Notable Finance, LLC
6 Landmark Sq, Fl 4, Stamford, CT 06901 • NMLS #1824748