As of March 15, 2023
Consent and Notice to Use Electronic Records and Signatures and Communications
As part of your relationship with Best Collateral, we want to ensure you have all of the information you need to effectively manage your loans and/or services. Our goal is to provide you with as many options as possible for receiving your loan related and service related documents. We are required by law to give you certain information “in writing,” which means you are entitled to receive it on paper. However, with your prior consent, we may instead provide this information to you electronically. We also need your general consent to use electronic records and signatures throughout our relationship with you. So, before you use any of our Electronic Services (as defined below), you must review and consent to the terms outlined below.
In this E-SIGN/UETA (Cal. Civ. Code §1633.1) Consent:
- “We,” “us,” “our” and “Lender” means Best Collateral.
- “You” and “your” means the person giving this ESIGN/UETA Consent, and also each additional account owner, authorized signer, authorized representative, delegate, and/or service user identified on any Best Collateral Loans and/or Services that you apply for, use or access.
- “Communications” means each disclosure, notice, agreement, fee schedule, statement, record, document, and other information we provide to you, or that you sign, submit, or agree to at our request.
- “Electronic Service” means each and every Loan and/or Service we offer that you apply for, use, administer or access using the Internet, a website, email, messaging services (including text messaging), and/or software applications (including applications for mobile or hand-held devices), either now or in the future.
- “Best Collateral Loans and/or Services” means each and every account, product, program or service we offer that you apply for, own, use, administer, or access, either now or in the future. Best Collateral Loans and/or Services include Electronic Services.
- The words “include” and “including,” when used at the beginning of a list of one or more items, indicates that the list contains examples; the list is not exclusive or exhaustive, the items in the list are only illustrations, and the items are not the only possible items that could appear in the list.
1. Your consent to use electronic records and signatures; Choosing to receive Communications electronically or in writing; Certain information must still be provided in writing.
In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form (“Electronic Records”). We may also use electronic signatures and obtain them from you as part of our transactions with you. Electronic Records may be delivered to you in a variety of ways. These various delivery methods include, but are not limited to, email, text message (data rates may apply), and U.S. Mail, and in other agreements we may have with you from time to time. In some cases, you will be able to choose whether to receive certain Communications electronically, or on paper, or both. We will provide you with instructions on how to make those choices when they are available. We may always, in our sole discretion, provide you with any Communication via paper, even if you have chosen to receive it electronically. Sometimes the law, or our agreement with you, requires 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. There are certain Communications that by law we are not permitted to deliver to you electronically, even with your consent. So long as required by law, we will continue to deliver those Communications to you in writing. However, if the law changes in the future and permits any of those Communications to be delivered as Electronic Records, this E-SIGN/UETA Consent will automatically cover those Communications as well.
2. Your option to receive paper copies.
If we provide Electronic Records to you, and you want a paper copy, you may log into your Best Collateral account and print the agreement for the Best Collateral Loan and/or Service related to the Electronic Record. Alternatively, please email email@example.com new email for help.
3. Your consent covers all…
Best Collateral Loans and/or Services. Your consent covers all Communications relating to any Best Collateral Loan and/or Service. 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 Best Collateral Loan and/or Service from us. When you do, we may remind you that you have already given us your consent to use Electronic Records and signatures. If you decide not to use Electronic Records and signatures in connection with the new loan, product or service, your decision does not mean you have withdrawn this consent for any other Best Collateral Loan(s) and/or Service(s).
4. You may withdraw your consent at any time; Consequences of withdrawing consent; How to give notice of withdrawal.
You have the right to withdraw your consent at any time. Please be aware, however, that withdrawal of consent may result in the termination of: (a) your access to our Electronic Services, including online access to Loan(s) and/or Service(s), and/or (b) your ability to use certain Best Collateral Loan(s) and/or Service(s). Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it. If you are receiving Electronic Services and/or Electronic Records, the termination will cause paper records, notices, and/or statements to be mailed to you via the U.S. Postal Service or other courier. Depending on the specific Best Collateral Loan(s) and/or Service(s), if you withdraw consent we may require that you come into the nearest Best Collateral location to receive customer service and/or make payments. Please refer to the applicable agreement for any fee that may apply. To withdraw your consent please email firstname.lastname@example.org new email.
5. You must keep your email or electronic address current with us.
You must promptly notify us of any change in your email or other electronic address. Log into your Best Collateral account to update your contact information and change the email address on record, or email email@example.com new email and we will update your information for you. There may be other, special Best Collateral Loan(s) and/or Service(s) for which we provide separate instructions to update your email or other electronic address.
6. Hardware and software you will need.
7. Changes to hardware or software requirements.
If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain your Electronic Records, we will give you notice of the revised hardware or software requirements. Continuing to use Electronic Services after receiving notice of the change is reaffirmation of your consent.
8. Your enrollment in Electronic Services using our equipment.
If you utilize an Electronic Service through one of our customer service representatives or using our equipment, your enrollment may not be complete until you take additional action. We will advise you, at the time of your enrollment, of any additional action you must take. If you take the required action, it is an affirmation of your consent to use Electronic Records and signatures under the terms of this E-SIGN/UETA Consent. By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review Electronic Records, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, delegates, product owners and/or service users identified with your Best Collateral Loan(s) and/or Service(s). Additional examples of Electronic Records covered by this E-SIGN/UETA Consent include: (a) This E-SIGN Consent and any amendments; (b) Our Online Access Agreement, other service or user agreements for online access to our Electronic Services, and all amendments to any of these agreements; (c) All of the Communications related to any Best Collateral Loan and/or Service, except for those excluded by the terms of this E-SIGN Consent; (d) All of the periodic account and activity statements, disclosures, and notices we provide to you concerning your Best Collateral Loan(s) and/or Service(s); (e) Any notice or disclosure regarding fees or assessments of any kind, including late fees, overdraft fees, over limit fees, and returned item fees; (f) Notices of amendments to any of your agreements with us; and (g) Other disclosures and notices that we are legally required to provide to you, or choose to provide to you in our discretion.
9. Electronic Signature Agreement.
By selecting the “I Accept” button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting “I Accept” you consent to be legally bound by this Agreement’s terms and conditions. You further agree that your use of a key pad, mouse, or other device to select an item, button, icon, or similar act/action, or to otherwise provide Lender or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures, or conditions constitutes your signature (hereinafter referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Lender. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement. You further agree that each use of your E-Signature in obtaining Lender’s services constitutes your agreement to be bound by the terms and conditions of Lender as stated in this Agreement and these disclosures.
10. Controlling Agreement.
This Agreement supplements and modifies other agreements that you may have with Lender. To the extent that this Agreement and another agreement contain conflicting provisions, the provisions in this Agreement will control (with the exception of provisions in another agreement for an electronic service which provisions specify the necessary hardware, software, and operating system, in which such other provision controls). All other obligations of the parties remain subject to the terms and conditions of any other agreement. To obtain electronic services and communications, indicate your consent to the terms and conditions of this Agreement by clicking on the “I Accept” button. It is recommended that you print a copy of this Agreement for future reference.