If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately at [email protected] of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Pre-qualification criteria and financing terms are provided by third party providers, including Westlake Services, LLC, Western Funding, Inc., other finance companies and participating automobile dealerships, and tentative financing terms and pre-qualification evaluation will be based data provided by third parties, potentially including data from credit reporting agencies, and on the personal information provided by you.
You understand that the pre-qualification evaluation made on this Website is based on the assumption of the accuracy and verifiability of the information provided by you and does not constitute a determination of creditworthiness or a firm offer of credit. Further, you understand that additional information may be required in order to determine actual creditworthiness and finance terms, including evaluating your credit history, verification of your identity, verification of your income, proof of residence and residence history, and provision of personal references, which may alter the financing terms and/or qualification status from that stated on this Website. You may be required to provide additional supporting documentation.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not modify copies of any materials from this site; use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; and delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. You may not, without Company's express written permission, 'frame' or 'mirror' any material contained on this Website or any other Company server. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website.
Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website; use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; use any device, software or routine that interferes with the proper working of the Website; introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and otherwise attempt to interfere with the proper working of the Website. Should you use this Website to commit a criminal offense, the Company may both disclose information about the user, including the user's identity and other personal information, to law enforcement authorities and immediately suspend or terminate the user's right to use the site.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
This Website includes and enables vehicle listings provided by third parties, including automobile dealerships, private sellers, data aggregators, and other sources. The vehicles listed on or through this Website may not be available when viewed. If any vehicle is no longer available, neither we nor the seller are obligated to sell a similar vehicle to you at the same price. Please contact the seller to confirm that the vehicle is available. All vehicle information, including price, description, options, availability, and finance terms is provided by third parties, and we are not responsible for the accuracy of the information provided. Finance terms may change based on the year, make and model of the vehicle as well as changes in your credit profile from the time pre-qualification is evaluated on this Website to when the vehicle transaction is finalized.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Website. Accordingly, you agree that you will be solely responsible to Company for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Company immediately at [email protected].
By using this Website, you agree not to violate or attempt to violate the security of the Website, including, without limitation, actions such as: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," or "spamming," the Website; (iv) sending unsolicited email, including promotions and/or advertising of products or services; or (v) using any data mining, robots, spiders or similar data gathering and extraction tools.
If the Website contains links to or accepts links from other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. To the extent that this Website contains links to outside services and resources, the availability and content of which Company does not control, any concerns regarding any such service or resource or any link thereto, should be directed to the particular outside service or resource.
The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the U.S.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and Company or our employees, agents, successors or assigns ("our"), which arises out of or relates to your use of this Website, credit pre-qualification, credit application, purchase or condition of a vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose the American Arbitration Association, 1633 Broadway, 10th Floor, New York, New York 10019 (www.adr.org), or any other organization to conduct the arbitration subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal district in Southern California which you reside unless the Creditor-Seller is a party to the claim or dispute, in which case the hearing will be held in the federal district where this contract was executed. We will pay your filing, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $5,000, unless the law or the rules of the chosen arbitration organization require us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization's rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. Â§ 1 et. seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. You and we retain the right to seek remedies in small claims court for disputes or claims within that court's jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual injunctive relief. Any court having jurisdiction may enter judgment on the arbitrator's award. This Arbitration Provision shall survive any termination, payoff or transfer of this contract. If any part of this Arbitration Provision, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Clause shall be unenforceable.
You agree to receive communications from us and/or the vehicle seller or finance company through email, text message, Short Message Service "SMS", facsimile transmission and automated telephone dialing systems. This may only be revoked by customer in writing by United States Certified Mail to us and/or the party that has contacted you. You may also withdraw your consent to SMS communication by replying STOP at any time to any SMS Notifications received from us. You may also withdraw your consent by emailing us at [email protected]. At our option, we may treat your provision of an invalid mobile phone number, or the subsequent malfunction of a previously valid mobile phone number, as a withdrawal of your consent to receive SMS Notifications. We will not impose any fee to process the withdrawal of your consent to receive SMS Notifications. Any withdrawal of your consent to use SMS Notifications will be effective only after we have a reasonable period of time to process your withdrawal. For HELP on Services or to update your records with us. To request additional information regarding SMS Notifications, you can call our Customer Service Center at (855) 893-9464.
This Agreement, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Company without any restriction.
This Website is operated by Nowcom Corporation, 4751 Wilshire Boulevard, Suite 205, Los Angeles, CA 90010.
All other feedback, comments, requests for technical support and other communications relating to the Website should also be directed to: [email protected].
Thank you for visiting the Website. Please check back for changes and updates.
Version Date: 10/11/2016
KATANA MOTORS provides our customers with the ability to search for automobiles for sale, prequalify for financing,
schedule a test trial and ultimately purchase and finance the purchase of a car, all online from the comfort of your
own home by electronic means. Before you use our electronic services, we need your consent to conduct our transactions
electronically. You should read this consent and policy carefully and print them for future reference.
"We," "us," "our" and "Company" means KATANA MOTORS and each and every current and future affiliate of KATANA MOTORS.
â€œYouâ€ and â€œyourâ€ means the person giving this consent, and also each additional authorized signer, authorized representative, and/or service user identified on any Company product or service that you apply for, administer, use or access.
â€œTransactionâ€ means each and every product or service we offer that you apply for, own, use, administer or access, either now or in the future, and includes without limitation, (i) the rental or trial use of a motor vehicle provided by Company, and (ii) the sale and financing of a used motor vehicle from Company.
â€œElectronic Recordsâ€ means all documents, contracts or other records created, generated, sent, communicated, received, or stored by electronic means, whether via the internet, this website, email, messaging services, including text messaging and/or software applications, related to any product or service you obtain, apply for, use, administer, or access through us, either now or in the future, including but not limited to: (i) all documents related to the rental or trial use of a motor vehicle provided by Company, including but not limited to the rental agreement, government agency forms, consumer disclosures, (ii) all documents related to the sale and financing of a used motor vehicle from Company, including but not limited to your retail motor vehicle credit application, retail installment sale contract, government agency or department of motor vehicle forms and disclosures, consumer disclosures, payment authorizations, third party reports, account or billing statements, privacy policies, and (iii) any other information, records, and/or Communications regarding your transactions with us.
â€œElectronic Signatureâ€ means an electronic process or symbol, attached to or implemented in a document, contract or other Electronic Record or Communication and executed or adopted by a person with the intent to sign the record.
â€œCommunicationsâ€ means each notice, disclosure, agreement, acknowledgement, consent, statement, record, document, and other information we provide to you, or that you sign or submit or agree to at our request.
By giving your consent through clicking and accepting this policy, you agree to conduct all Transactions with us through the use of Electronic Signatures, including through a vendor like Docusign, which may consist of clicking through buttons, checking boxes, or other industry accepted practices and processes implemented by us or our third party vendor. In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request as part of our Transactions with you may be in electronic form, and you may be required to use Electronic Signatures for us to obtain Communications from you. You agree to the use of such Electronic Signatures and Electronic Records. We may provide Electronic Records to you via the posting them online on this website, email attachments, embedded links, messaging services, including text messaging and/or software applications. You agree that your consents will remain in effect until you give us notice that you are withdrawing it.
Please note that if you do not consent to the use of Electronic Records and Electronic Signatures (or withdraw your consent prior to completion of the sale), you will not be able to complete a Transaction with us, including the trial use or purchase of a motor vehicle from us.
We may always, in our sole discretion, provide you with any Communication in writing, even if you have chosen to receive it electronically. Certain Communications will be required by law to be provided on paper. Please note that sometimes you may be required to provide us a Communication through a paper writing.
By providing your consent, you are also confirming that you have the hardware and software described below, 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 other authorized signers, authorized representatives, and/or service users identified by you.
If we provide to you Electronic Records, you have the option to receive paper copies. To obtain a paper copy, you can print out a copy from your computer, or you may request a paper version by emailing us at [email protected] or calling our Customer Service Center at (855) 893-9464. We may charge, and you may have to pay, a reasonable service fee for the paper copy except as prohibited by applicable law. Requesting a paper copy in itself will not be a withdrawal of your consent. Your consent will remain in effect until you give us notice that you are withdrawing it.
After completing your Transaction, you may withdraw your consent the use of Electronic Records and Electronic Signatures at any time by emailing us at [email protected] or calling our Customer Service Center at (855) 893-9464. You will not be charged any fees for withdrawing your consent. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.
To receive Electronic Records and use Electronic Signatures, you must have access to:
These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. We reserve the right to discontinue support of any software if we determine in our discretion that such software contains a security flaw makes it unsuitable for use. We will notify you of any revised hardware or software requirements that would create a material risk that you would not be able to access or retain your Electronic Records.
To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by checking the â€œI Agreeâ€ box.
By checking the 'I Agree' box, you are confirming that:
Until or unless you notify us as described above, you consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by us during the course of your relationship with us.
We are strongly committed to protecting your privacy online and have taken steps to protect the information you share with us.
For example, we use encryption technology to safeguard the credit data used in credit report transactions.
To help us protect your privacy, you should maintain the secrecy of the logon ID and password you may have set up in connection
with your participation in any KATANA MOTORS service.
This policy covers how KATANA MOTORS treats personal information that KATANA MOTORS collects and receives, including information related
to your past purchase or use of KATANA MOTORS products and services. Personal information is information about you that is a personally
identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. This policy does
not apply to the practices of companies that KATANA MOTORS does not own or control, or to people that KATANA MOTORS does not employ or manage.
KATANA MOTORS collects personal information when you register with KATANA MOTORS, when you request, use, receive, or purchase KATANA MOTORS
products or services, and/or when you visit KATANA MOTORS pages or the pages of certain KATANA MOTORS partners. We may also ask you for
personal information at other times, for example when you enter a sweepstakes, contest, or other promotion. The better we know you,
the better we can tailor our services to meet your needs. We may disclose your personal information to third parties if we believe
in good faith that such disclosure is necessary:
When you request services from KATANA MOTORS (such as a test drive), purchase a vehicle with KATANA MOTORS, and/or register with KATANA MOTORS,
we ask for information such as your first and last name, account number, social security number, email address, physical address and
zip code. Once you request services from KATANA MOTORS, purchase a vehicle with KATANA MOTORS, and/or register with KATANA MOTORS and sign in
to our services, you are not anonymous to us.
KATANA MOTORS collects information about your transactions with us, our affiliates and with some of our business partners, including information
about your use of certain financial products and services that we, our affiliates, and our business partners offer.
For each visitor to our website, KATANA MOTORS automatically receives and records information on our server logs from your browser, including your
IP address, KATANA MOTORS cookie information, and the page you request.
KATANA MOTORS uses information for the following general purposes to: customize the content you see, fulfill your requests for products and services,
improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
We may share personal information about you with the following types of affiliates and non-affiliated third parties:
KATANA MOTORS does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or
services youâ€™ve requested, when we have your permission, or under the following circumstances:
Except for information your state laws allow or require us to share without your specific consent or notice, KATANA MOTORS will not share non-public
personal information with any non-affiliate, outside marketer, or non-affiliate joint marketer without your written consent.â€
KATANA MOTORS does not conduct business with individuals under the age of 18.
KATANA MOTORS may set and access KATANA MOTORS cookies on your computer.
Advertisers or other companies do not have access to KATANA MOTORSâ€™s cookies.
KATANA MOTORS uses web beacons to access KATANA MOTORS cookies inside and outside our network of web sites and in connection with KATANA MOTORS products and services.
Your Ability to Edit and Delete Your Account Information and Preferences is not affected.
New categories of marketing communications may be added to the Marketing Preferences page from time to time.
We reserve the right to send you certain communications relating to the KATANA MOTORS service, such as service announcements or administrative messages that
are considered part of your KATANA MOTORS account, without offering you the opportunity to opt-out of receiving them.
We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide
products or services to you or in order to do their jobs.
We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
KATANA MOTORS may update this policy. Should this policy be changed, the revised policy will be posted in its entirety on this page with an effective
date for the policy posted below.
Your pre-qualification has been successfully submitted.
You'll receive an email regarding your pre-qualification.
The dealership will schedule an appointment with you.
Check out our inventory and schedule a test drive one today!