Best Collateral Terms and Conditions
As of May 8, 2023
Best Collateral Rewards Program
Overview: The Best Collateral Rewards program (hereinafter “the Program”) is open to all Qualified Participants who are either Customers and/or Employees (hereinafter “Participants”) of Best Collateral, Inc., a Colorado Corporation licensed to do business in California (hereinafter “Best Collateral”). All users of the Program website (https://bestcollateralrewards.com) and/or Participants in the Program agree in advance that their access to and use of the Program website and participation in the Program are subject to the terms and conditions set forth herein and all applicable laws. Any access to the Program website is undertaken at the user’s own risk.
Change in Terms & Conditions: While Best Collateral will endeavor to make timely notifications to Participants in the Program before instituting any material changes, Best Collateral, and “The Program Operator” as defined hereinafter, have the right to change, limit, modify, or cancel the Program, its rules, regulations, these Terms and Conditions, policies and procedures, Rewards, Rewards Points accumulation, and rewards levels at any time, with or without notice, even though such changes may affect the value of Rewards Points, as defined hereinafter, already accumulated, the ability to use accumulated Rewards Points, or the ability to obtain certain rewards. Further, Best Collateral reserves the right to discontinue or change the Program at any time, with or without notice.
Copyright: All textual, graphical, and other content appearing on this website, unless otherwise noted, is the property of Best Collateral. If you determine that this material infringes on an existing copyright or patent, notify the Program Administrator immediately and provide the name, address, and telephone number of the person who holds the copyright and/or patent.
The following definitions apply:
- Account Initiation means the act of beginning Enrollment in the Program and is denoted by the Participant’s consent to enter into the Program by allowing a Best Collateral Employee to submit account information to the Program Operator. The participant will be sent a unique registration key by email or text.
- Award Suppliers means companies that make, manufacture, and/or supply the Rewards available through the Online Catalog accessible via the Program.
- Customer means and refers to an individual retail customer of Best Collateral who purchased new or secondhand goods and/or tangible personal property, who sold secondhand goods and/or tangible personal property at Best Collateral, or who received a collateral loan from Best Collateral.
- Employee means and refers to a current employee of Best Collateral during the effective dates of the Program.
- Enrollment means the completion of Account Initiation wherein the Participant (a) positively responds to a registration email or text sent by the Program, (b) agrees to these Terms and Conditions, and (c) creates an individualized account including username and password with which Participant will be granted access to the Program by the Program Operator. Enrollment must occur within sixty (60) days of Account Initiation for a Participant to earn Rewards Points on Qualified Transactions occurring between Account Initiation and Enrollment. Transactions occurring between Account Initiation and Enrollment are Disqualified Transactions if the Participant fails to complete Enrollment within sixty (60) days of Account Initiation.
- Fraud means and includes, but is not limited to, false or misleading representations or the concealment of facts by a Customer/Employee/Participant in the context of this Program which are intended to deceive and which reasonably is likely to cause or does cause legal injury to Best Collateral or to the Program.
- Inactive Rewards Account means any Rewards Account that has not accrued any Reward Points nor redeemed any Rewards Points for a period of twenty-four (24) consecutive months. All accrued Rewards Points remaining in an Inactive Rewards Account at the expiration of the twenty-four month period will be forfeited, and the Participant’s Reward Account will be closed.
- On-Line Catalog means and refers to the catalog of merchandise made available through this website as a “Reward” from Awards Suppliers to Participants through the redemption of Rewards Points.
- Program means and refers to this rewards program, known as “Best Collateral Rewards” operated by Best Collateral and its Program Operator under the Terms and Conditions. The Program shall be exclusively governed by and construed in accordance with the laws of the State of California.
- Program Administrator means and refers to the person(s) designated by Best Collateral to oversee the Program and to resolve disputes on behalf of Best Collateral. Disputes arising from, connected to, or in any manner associated with the Program shall be resolved by the Program Administrator in their exclusive discretion, and the Program Administrator’s decision is binding. The Program Administrator may be reached by emailing email@example.com or by writing to the following address:
Best Collateral Rewards Administrator
285 Marin Keys Blvd., Suite E
Novato, CA 94949-5763
- Program Operator means and refers to the independent third party that is licensed by Best Collateral to operate the Program and is solely responsible for administering the enrollment and disenrollment process of a Participant and maintaining the Rewards Account, tabulation of the accrual of Rewards Points, the maintenance of the Online Catalog, the redeeming of Rewards Points in exchange for Online Catalog Rewards provided by the Awards Suppliers, the selection of Awards Suppliers, and the processing of Online Catalog Rewards’ orders, returns, exchanges, and cancellations. Participants may reach the Program Operator by submitting a request at https://bestcollateralrewards.com/help
- Promotional Event means any event where Best Collateral, in its sole and exclusive discretion, determines to temporarily increase the Rewards Points earned through Qualifying Transactions in any set period of time. Promotional Events may be terminated at any time, without cause or notice.
- Participant as used herein, means an individual who is a Customer and who has completed Enrollment in the Program via the Program website. Only one account may be maintained by a Participant, and only one email may be designated per Participant.
- Reward means merchandise available in the Online Catalog that is available to the Participant to purchase in exchange for the redemption of Rewards Points.
- Rewards Account means the individual account into which Rewards Points are credited to the Qualified Participant and from which Rewards Points are deducted upon the purchase of Online Catalog products. Unused accounts may be inactivated and Rewards Points forfeited (see Inactive Rewards Account).
- Rewards Points means points awarded under this Program for Qualified Transactions earned under the Terms and Conditions of this Program by a Participant. The awarding of Rewards Points and the redemption of Rewards Points is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.
- Two (2) Reward Points will be earned for each dollar of a Qualified Transaction that arises from a purchase or fully paid lay-away, and One (1) Reward Point will be earned for each dollar of a Qualified Transaction that arises from the sale of goods by a Participant to Best Collateral or a loan made to the Participant by Best Collateral.
- Terms and Conditions means these Terms and Conditions stated herein and may be changed, amended from time to time by Best Collateral at their sole and exclusive discretion. Participant’s Enrollment, access and/or continued use of the Program shall be evidence of Participant’s continued consent to the Terms and Conditions as they may be amended from time to time.
- Transaction means and includes a transaction occurring at Best Collateral and is one of two types: a Qualified Transaction or a Disqualified Transaction.
- A Qualified Transaction is a transaction by a Participant that is not a Disqualified Transaction, and is exclusive of any shipping, handling, or other charges: (a) The pre-tax sale’s price paid for a purchase; (b) The principal loan amount of any loan between Best Collateral and a Participant; (c) The pre-tax sale’s price paid for a lay-away purchase; and (d) The net purchase price paid for any secondhand goods and/or tangible personal property sold by a Participant to Best Collateral. Rewards Points shall accrue on the following dates: (a) for a purchase, sale, or a collateral loan, on the same date the purchase, sale or loan is recorded; (b) For a lay-away sale, on the date the lay-away purchase agreement is paid in full. As defined herein, all Qualifying Transactions shall be rounded up to the nearest whole dollar for purposes of calculating Rewards Points. Rewards Points will typically be visible in a Participant’s Reward Account within two business days following a Qualified Transaction.
- A Disqualified Transaction is an otherwise Qualified Transaction that (a) occurred between Account Initiation and Enrollment where Enrollment occurs more than sixty (60) days after Account Initiation, or (b) is a product of fraud as determined in the sole and exclusive discretion of the Program Administrator. Disqualified Transactions earn no Rewards Points.
Electronic Communications: When a Customer registers with the Program and becomes a Participant, and/or when a Participant visits the Program website or sends emails to Best Collateral, they are communicating with Best Collateral electronically, and they are expressly consenting to receive communications from Best Collateral electronically. Customer and/or Participant understand(s) and acknowledge(s) that Best Collateral will communicate with them by email or text or by posting notices on the Program website. Customer and/or Participant agree(s) that all agreements, notices, disclosures, and other communications that Best Collateral provides electronically satisfy any legal requirement that such communications be in writing.
Customers and/or Participants can opt out of marketing or promotional communications by texting STOP or by unsubscribing from email. The Program Operator requires the ability to send operational emails to Participants for Rewards orders and fulfillment.
Eligibility: Eligibility for the Best Collateral Rewards Program is limited to Customers and Employees of Best Collateral who have completed Enrollment in the Program before the date that the Program itself is terminated. Rewards Points earned in the Program cease to exist when this eligibility is severed. No credit, carryover, transfer, or redemption of Rewards Points is available after eligibility is severed. Rewards Points may not be sold, exchanged, or transferred between Participants. Rewards Points accrued do not constitute property of the Participant and have no value. Rewards Points accrued by a Participant are for the Participant’s benefit only and may not be transferred to anyone, including a legal spouse, and shall become void if transferred. Rewards Points are awarded to the primary account holder, as deemed and determined by the Program Administrator.
Participant’s Duties after Enrollment: Upon successful Enrollment, Customer becomes a Participant in the Program and is expressly agreeing to be responsible for maintaining the confidentiality of Participant’s Rewards Account, username and password. The Participant further agrees to accept responsibility for all activities that occur under his or her Rewards Account accessed by Participant’s unique username and password.
Program Administrator’s Exclusive Right to Remedy Fraud: In the case of fraud or abuse involving Rewards, Rewards Points, Point Statements or any other feature or benefit provided or available under the Program, the Program Administrator has the sole and exclusive right to take appropriate administrative and/or legal action, make a determination that a Qualified Transaction is a Disqualified Transaction, or make a finding that all or some Rewards Points earned through the Rewards Program are forfeited and the account closed if, in the exclusive opinion of the Program Administrator the Transaction or Rewards Points were erroneous or fraudulently attributed to a Participant’s Rewards Account. If any information is provided that is untrue, inaccurate, not current or incomplete, the Program Administrator has the right to terminate the Participant’s Rewards Account and refuse any and all current or future access to or use of the Program.
Governing Law: By accessing the Program website and/or participating in the Program, every Participant is consenting to be bound by the Terms and Conditions of this Program and to the laws of the State of California under which the Program operates and is governed.
Limitation of Liability: By participating in the Program, Participant agrees that any reward is provided upon the express condition that the Award Supplier, the Program Operator, Best Collateral, and their respective agents and/or employees will have no liability whatsoever for any injuries, losses, or damages of any kind that may result from the acceptance, possession, use, or misuse of any Reward. The Program Operator, Best Collateral, and the Awards Suppliers expressly disclaim any responsibility, and each Participant hereby agrees to release and to hold the Program Operator, Best Collateral, the Awards Suppliers (and their respective employees, officer, directors, shareholders, agents, marketing partners, and affiliates) harmless from any and all losses, damages, rights, claims, and actions of any kind in connection with the Program or resulting from the delivery, acceptance, and/or subsequent use, or misuse of any Reward, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. The Program Operator, Best Collateral, and the Awards Suppliers (and their respective subsidiaries, participating vendors, distributors, and affiliated entities) are not responsible for any of the following: (i) any condition caused by events beyond the control of the Program Operator, Best Collateral, and the Awards Suppliers that may cause the Program to be disrupted or corrupted; (ii) any injuries, losses, or damages of any kind caused by the acceptance, possession, use, or misuse of any Reward or from participation in the Program; (iii) any express or implied warranty as to fitness for a particular purpose or warranty as to merchantability of any Reward; or (iv) any printing or typographical errors in any materials associated with the Program or the Online Catalog.
Under no circumstances shall Best Collateral nor the Program Operator be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages (even if Best Collateral or the Program Operator have been advised of the possibility of such damages) arising from the Program or the use of or inability to use any Reward made available to any Participant under the Program. Each Participant accepts all responsibility for, and hereby indemnifies and holds Best Collateral and the Program Operator harmless from and against, any actions taken by any user authorized to access and use the Participant’s Rewards Account including, but not limited to, accrual of Reward Points, redemption of Reward Points, and disclosure of passwords to third parties. Each Participant hereby releases Best Collateral, the Program Operator, and all their affiliates from any and all liability regarding the redemption of Rewards Points, use of Online Catalog Rewards, or other participation in the Program.
Likeness and Image: Participants irrevocably grant to Best Collateral, its agents, and assigns full permission and authority to use, publish, and display the Participant’s likeness, name, voice, and/or image, (whether preserved by audio or video tape, photograph, or digitally) or other likeness, as well as identifying information, for advertising or other business related purposes in any media without limitation in consideration for Participant’s eligibility in the Program.
Disputes: If any dispute arises from the Participant’s use of the Program website or participation in the Program, or from the Program or these Terms and Conditions, it is expressly agreed that the dispute will be resolved under the provisions of this section. First, the dispute shall be submitted and decided by a decision of the Program Administrator. Thereafter, the Participant, any other injured party, or Best Collateral shall submit the dispute to binding arbitration under the rules of the Federal Arbitration Act (9 U.S.C. §2, et seq.). The claimant shall bring the arbitration only in his or her individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claim and may not otherwise preside over any form of a representative or class proceeding. The Participant, Best Collateral or any other injured party agrees in advance that any such arbitration will occur in the County of Marin, State of California. The prevailing party in any arbitration shall be entitled to recover their reasonable costs, including attorney’s fees.
Privacy Notice: The Program website is housed and operated by the Program Operator under license with Best Collateral. The Program Operator and Best Collateral will use the information collected on the Program website for the operation of the Program and no other purpose. Best Collateral will not provide any Participant information to any third-parties (other than the Program Operator) without first obtaining their approval to do so. Participants specifically acknowledge and authorize in advance the release of their name, address, email, and telephone number to the Program Operator for the purpose of facilitating their participation in and administering the Program and to the Program Operator and to any Awards Supplier from whom they desire to redeem Rewards Points in exchange for any Reward for the exclusive purpose of facilitating the delivery of said Reward to Participant.
Rewards Redemption Policy:
- Rewards Points may only be used to redeem merchandise from the Online Catalog. Reward Points are not redeemable for cash. Rewards Points so redeemed are deducted from the balance of Participant’s Rewards Account.
- The Rewards Points the Participant accrues do not constitute property of the Participant. The Participant cannot transfer Rewards Points to another Participant or to any Customer seeking to become a Participant. Rewards Points have no monetary value except to the extent specifically provided in exchange for a Reward.
Rewards Points Used to Acquire Reward:
- Awards Suppliers will endeavor to stock merchandise for which Participant may use Rewards Points to acquire. However, Awards Suppliers reserve the right to modify the merchandise available in the Online Catalog at any time with or without notice. Specific merchandise is subject to availability, and substitutions may be made in the sole discretion of the Program Operator. The Program Operator reserves the right to make subsequent modifications to Online Catalog Rewards arising from the unavailability of products listed in the Online Catalog or a change in an Awards Supplier. The Program Operator shall use reasonable endeavors to ensure that any replacement item shall be of similar style and price.
- A Participant may order Rewards displayed on the Program’s Online Catalog by exchanging Rewards Points Participant has accrued in their Rewards Account on a one-to-one basis for the Rewards Points displayed for that Reward(s).
- Rewards Points earned in this Program can only be redeemed for Online Catalog Rewards.
- Online Catalog Rewards redeemed under the Program are subject to shipping and handling charges. The shipping and handling charges are included in the point value associated with each item in the Online Catalog and are represented in the overall value of the item.
- Rewards redeemed through the Program are subject to applicable federal, state and/or local taxes. Payment of taxes is the sole responsibility of the Participant and not Best Collateral, the Program Operator, or any Awards Supplier or any of their affiliates or agents.
- Claims by a Participant for damage to or the failure to receive a Reward must be made by the Participant directly to the Program Operator. A claim for damaged merchandise must be made no later than thirty (30) days after receipt by the Participant of the Online Catalog Reward.
- Any order for any Online Catalog Reward that is canceled after submission to the Program Operator or that is returned by a Participant to an Award Supplier shall be subject to a twenty percent (20%) restocking fee unless it is damaged during shipment to Participant or arrives defective, in which case the merchandise shall be replaced.
- Online Catalog Reward will be shipped to a Participant within six (6) weeks of receipt of the order by the Program Operator. The Program Operator shall notify the Participant of any delays that may arise which are beyond the Program Operator’s reasonable control, and in such circumstances, the Program Operator shall provide the Participant an opportunity to select an alternate item.
Rewards Account: Participants are assigned a unique account accessible only to them at and after the time of their Enrollment and shall additionally receive the following: (a) a summary of Rewards Points earned and credited; (b) a summary of Rewards Points deducted for acquisitions of Rewards, returns, or for misapplied Rewards Points not earned by the Participant; (c) details of Qualified Transactions.
Rewards Points Statement: Statements of Rewards Points earned in this Program including details of transactions, as well as the balance on the Participant’s Rewards Account are available through the Program website. It is the responsibility of the Participant to track their use and accrual of Rewards Points.
Termination of Program: Best Collateral expects this Reward Program to continue to serve its Participants. However, Best Collateral reserves the right to terminate the Program with or without any prior notice to any Participant. If the Program is suspended or terminated, any unredeemed Rewards Points must be redeemed within one month of the date of termination.