Terms of Service & Electronic Signature Disclosures
Last updated January 2022
Terms of Service
Notable Finance, LLC ("Notable")
1. What are you agreeing to?
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. How Notable will serve you?
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.
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.
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. Your use of Notable.
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.
3.9. Dormant Accounts.
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.
4. How you may NOT use Notable.
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. How Notable will resolve disputes.
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 firstname.lastname@example.org to try resolving your problem directly with us.
5.2. Mandatory Arbitration.
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. Miscellaneous Provisions.
6.2. Enforceability and Governing Law.
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.
"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.
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.
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.
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.
Electronic Signature Disclosure
1. Your Consent To Do Business Electronically (the "E-Disclosure Consent").
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 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 e-consent and the Company will make Communications available to you electronically instead of providing them to you in paper form. For purposes of this eDisclosure Consent, "you" and "your" mean the person submitting the application to the Notable Website and "we," "our" and "us" means Notable and/or its loan servicer, if it chooses to designate one.
2. Scope of Consent.
You agree to receive Communications in electronic form relating to the loan application you provide to Notable and all communications of any kind thereafter during the life of your financial transaction with us. You agree that we may discontinue sending paper Communications to you unless and until you withdraw consent as described herein. Your consent to receive electronic correspondence extends to all Communications from us.
3. Electronic Delivery.
We may provide Communications to you electronically by e-mail (or a link set forth in an e-mail), 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 e-mail address, contact information, and other information related to your application, and to maintain and update promptly any changes in this information. You can update such information (such as your e-mail address) by contacting Notable at email@example.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.
6. Notices From You Are Not Covered.
Applicable law or contracts sometimes require you to give us "written" notices, and your consent does not relate to those items.
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.
If you do not have the required software and/or hardware, or if you do not wish to receive Communications electronically from us for any other reason, you may elect to receive paper Communications by sending an email to firstname.lastname@example.org. If you do not consent to receiving an electronic copy of your loan application, the related legal disclosures and the instructions, you may elect to receive disclosures physically.
Even if you consent to receive the application, disclosures and instructions electronically, you can request a paper copies of materials by contacting Notable by email at email@example.com. You may also withdraw your consent to receive disclosures and documents electronically at any time by contacting Notable at firstname.lastname@example.org. 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. However, you will not be charged if you choose to receive disclosures and documents in paper form.
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.
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.
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.
BY SUBMITTING A LOAN APPLICATION WITH NOTABLE APPLICATION YOU ACKNOWLEDGE THAT 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 YOU ARE ABLE TO SEND AND RECEIVE E-MAIL.
BY SUBMITTING A LOAN APPLICATION WITH NOTABLE YOU CONSENT TO HAVING ALL COMMUNICATIONS PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH US ELECTRONICALLY.
We encourage you to print and retain a copy of this eDisclosure Consent for your records.
Notable 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.
Notable is a registered trademark with the USPTO.
All rights reserved © Notable Finance, LLC
6 Landmark Sq, Fl 4, Stamford, CT 06901 • NMLS #1824748