Legal
These agreements were last modified October 30th, 2021.
Terms & Conditions (“Agreement”)
NOBLE CAPITAL TERMS AND CONDITIONS (“AGREEMENT”)
This Agreement was last modified on October 30th, 2021.
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using http://noblecapital.com (“the Site”) operated by Noble Capital and its affiliates (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://noblecapital.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
INTELLECTUAL PROPERTY
The Site and its original content, features and functionality are owned by Noble Capital and its affiliates and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
LINKS TO OTHER SITES
Our Site may contain links to third-party sites that are not owned or controlled by Noble Capital and its affiliates. Noble Capital and its affiliates have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
GOVERNING LAW
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of USA, without giving effect to any principles of conflicts of law.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately
Disclosure
This Website does not constitute an offer to sell or a solicitation of an offer to buy any securities. It is furnished to provide general and preliminary information about Noble Capital Servicing, LLC (the “Company”) ONLY and may not be relied upon for the purposes of entering into any transaction.
No offer or sale of securities will be made without delivery of confidential and related documents (the “Offering Materials”). The information contained herein is qualified by and subject to more detailed information appearing in the Offering Materials.
The information contained in this website is proprietary and strictly confidential and shall not be distributed or reproduced in any fashion without the Company’s express written consent.
No representation or warranty is made or implied by the Company, Noble Capital Group, LLC, or Streamline Funding Group, LLC, or any of their respective officers, managers, members, representatives, or affiliates, as to the accuracy or completeness of the information contained herein, and the website may be amended or superseded at any time without notice. Actual future results may be materially different from what the Company and its management expect or believe as stated herein.
Lending opportunities offered through Noble Capital involve various degrees of risk including the loss of principal investment. These types of investments are not liquid, not guaranteed and not insured by any government agency, institution or Noble Capital. These type of investments are best suited for sophisticated and accredited real estate investors. Risk related to all securities and investment products can never be completely eliminated. This announcement shall not constitute an offer to sell or the solicitation of an offer to buy securities. Noble’s business of brokering, assigning or selling loans to private lenders is exempt from securities registration under the Texas Securities Act (article 581.5j).
Lender acknowledges that the business of acting as a lender and originating and owning loans involves a high degree of risk, and Lender can afford a complete loss of his, her or its investment. Lender acknowledges the risk factors regarding this business which are set forth below, and further acknowledges that this list is not necessarily complete and that Lender has consulted with his, her or its professional advisors prior to investing in this business. Specifically, the business of acting as a lender and originating and owning loans is speculative and involves a high degree of risk and the results of this activity cannot be forecasted accurately. No assurance has been given that the monies invested in the Loan will be recovered or that any profit will be realized.
a. Additional Capital Requirement.
The Borrower may (i) have a limited operating history; (ii) default on the payment of the Loan, insurance, taxes or other charges related to the Loan or Property; (iii) become subject to substantial financial hardships, which could adversely affect its ability to service the Loan. There is no guarantee that additional investment capital from Lender will not be required. NCS may require additional capital from Lender in the future with respect to the Loan and Property.
b. Dependence Upon Key Personnel.
The Loan’s success depends in large part on the continued service of Borrower’s key personnel, including its manager and its principals, and on its ability to continue to attract, motivate, and retain highly qualified employees. The Borrower’s key employees may voluntarily terminate their employment at any time. Accordingly, the loss of the services of key personnel could have a material adverse effect upon the Borrower’s operations, causing it to default under the Loan.
c. General Risks of Operations.
The nature of the business of acting as a lender and originating and owning loans also involves a variety of risks, the occurrence of any of which could result in losses to Lender. Lender maintains insurance against some, but not all, of these risks. However, the occurrence of a significant event that is not fully insured could have a material adverse effect on Lender’s financial position. Lender may lose a portion or all of its investment in the Loan and Property.
d. Dependence on Borrower.
The ultimate success of Loan will, to a certain extent, be dependent upon the capabilities and judgment of the Borrower and its personnel. Any change in the financial position, or adverse results or future developments of the Borrower that jeopardize its ability to meet its commitment under the Loan (including Borrower’s bankruptcy) could adversely affect Lender’s financial results. Failure by Borrower to pay the Loan may require the foreclosure of the Loan and ultimate ownership of the Property by Lender.
e. Legal and Regulatory Matters.
The business of acting as a lender and originating and owning loans is subject to a wide variety of laws and regulations. As such, operations are susceptible to the practical, financial and legal risks associated with compliance with such laws and regulations. Such risks may increase the costs of doing business and result in legal liability, which in turn could result in significant damages, injunctions, fines, investigations, penalties or other legal actions.
f. Separate Representation.
NCS has been and will be represented by legal counsel, accountants, and other professionals who perform services for NCS. Lender has not been represented by these professionals in structuring the terms of this Agreement and is not in any event entitled to rely upon the representation that such professionals have provided to NCS. Lender should seek representation from its own separate legal counsel, accountants and other professionals regarding the advisability of the transactions contemplated herein.
g. Projections.
NCS has prepared financial projections for the performance and profitability of the Loan contemplated herein (the “Projections”). The Projections necessarily include a number of assumptions and, although NCS believes that each of the assumptions is reasonable, Lender should expect one or more of the assumptions to be inaccurate. Accordingly, there can be no assurances that the actual performance of the Loan will be predicted or suggested by the Projections. There is no assurance that the Loan will ever achieve profitability.
h. Selection of Borrower.
NCS shall provide information regarding Borrower’s debt, equity, income, cashflows and other factors (“Creditworthiness Indicators”) to Lender, after careful study and based upon NCS’ own evaluation of said Creditworthiness Indicators and other factors to evaluate the creditworthiness of the Borrower. NCS believes that the selection of Borrower, based in part upon Borrower’s creditworthiness, will be a key element in the success of the Loan; however, there can be no assurances that the information provided by the Borrower is completely without error, omission, or fraud, or that the Loan will perform or will be profitable notwithstanding the perceived creditworthiness of the Borrower.
i. Competition.
The lending industry is competitive. Lender will compete with a broad range of lenders, including national, regional, and local lenders. The entrance of new competitors or the expansion of operations by existing competitors offering loans could have a material adverse effect on the interest rates that Lender may be able to charge and receive for Loans and in turn the profitability of the Loans.
j. General Economic Risk.
The Loan’s success may be a function of general economic conditions prevailing in the area in which the Loan is made. A deterioration of general economic conditions in the area in which the Loan is made, or market wide, could lead to reduced income of the Borrower or liquidity or marketability of the property secured by the Loan (if any). This in turn may significantly impact the Borrower’s ability to repay the Loan according to its terms.
k. Tax Considerations.
NCS has not obtained, and does not intend to request a ruling from the Internal Revenue Service concerning any tax aspects of the Loans contemplated hereby. Lender is urged to consult with its own tax advisors and to satisfy itself as to the income and other tax consequences of making the Loans contemplated herein.
l. Environmental Hazards.
Lender may be responsible for Environmental Hazards existing on any Property secured by a Loan owned by Lender. Lender should have all environmental audits and other assessments conducted to Lender’s satisfaction. Unexpected environmental issues or other unforeseen conditions may be encountered during the Loan term, which may significantly impact the value of any Property secured by a Loan owned by Lender and the performance and profitability of such Loan. On occasion, Lender may incur substantial liabilities to third parties or governmental entities, the payment of which may be well in excess of the amount of the Loan and/or the value of any Property secured by the Loan.
m. Limited Transferability.
The acting as a lender and originating and owning loans is not a highly transferable business and is not considered to be a liquid investment. Lender represents that Lender is purchasing the Loan for Lender’s own account.Lender may not be able to find a purchaser for the Loan in the event Lender desires to dispose of Loan.
n. Legal Proceedings.
Lender is susceptible to a number of legal risks associated with compliance with laws and regulations and other contractual obligations, including those of the Loan. Lender may be required to institute, or defend, legal proceedings regarding the Loan. Lender acknowledges that no representation as to the status or outcome of any legal proceeding may be made. Lender has exercised its own due diligence and conducted its own investigations into such matters.
o. Fractionalization.
The Loan may be fractionalized and Lender may be one of many lenders contributing to the Loan. In certain circumstances, Lender may be required to do business with the other lenders under the Loan.
