Reservation Agreement

Effective Date: June 3, 2021




Welcome to the Kia EV6 First Edition Reservation Program (“Program”)! This Agreement describes the Program and how you can make a payment of $100 to reserve the right to be one of the first to be offered a 2022 Kia EV6 First Edition (“Vehicle”) for purchase or lease from a participating Kia dealer (“Dealer”). You must agree to this Agreement in order to participate in the Program. The Program is provided by Kia America, Inc. (f/k/a Kia Motors America, Inc.) (hereinafter “KUS” or “we,” “our” or “us”). This Agreement governs your participation in the Program, which we have made available at 2022 EV6 Reservation page (the “Site”). Additionally, the Kia.com Terms of Use are hereby expressly incorporated into, and made part of, this Agreement by this reference, and by participating in the Program, you also agree to the Kia.com Terms of Use . Further, by using the Site, you acknowledge and consent to the Site’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy . The information collected on the Site from you will be shared with any Dealer you select during the reservation process.

If you want to participate in the Program, then carefully read this Agreement, as it constitutes a written agreement between you and us and affects your legal rights and obligations. Each time you access and/or use the Site (other than to simply read this Agreement), you agree to be bound by and comply with this Agreement (including, without limitation, the Kia.com Terms of Use ). Therefore, do not use the Site or register for the Program if you do not agree . The business realities associated with operating the Program are such that, without the terms and conditions that are set forth in the Kia.com Terms of Use – such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and arbitration of certain disputes – KUS would not make the Program available to you.

Linkable Table of Contents

1. Reservation Process

By participating in the Program you will have the right to reserve the opportunity to be one of the first to be offered a Vehicle for purchase or lease from a Dealer. Such reservations are being made available to the public on a limited, first-come, first-served, basis. The maximum number of reservations will be 1,500.

In order to participate in the Program, you must: (a) agree to the terms and conditions of this Agreement, (b) pay a reservation payment in the amount of $100.00 (“Reservation Payment”) via credit or debit card, (c) select a Dealer who is participating in the Program as the Dealer who will offer to you a Vehicle for purchase or lease (the “Selected Dealer”), and (d) provide certain information to KUS that will be shared by KUS with the Selected Dealer.

KUS will not receive or hold your Reservation Payment or payment information. Your Reservation Payment will be processed by U.S. Bank via Virto Commerce using VirtoPay. You will not earn interest on the Reservation Payment and waive any right you may have to interest on such Reservation Payment. Your Reservation Payment will either be refunded to you in accordance with this Agreement or, in the event you decide to purchase or lease a Vehicle from your Selected Dealer, your Reservation Payment will be sent to the Selected Dealer prior to the Vehicle being delivered to you and credited against the purchase or lease price of the Vehicle.

Neither this Agreement nor your participation in the Program guarantees that you will purchase or lease a Vehicle. Instead, your participation in the Program means that the Selected Dealer will make an offer to you to purchase or lease a Vehicle. The Selected Dealer will determine the selling or lease price for the Vehicle (as well as the price for any options you may select for the Vehicle), which price may differ from the Manufacturer’s Suggested Retail Price (“MSRP”) for the Vehicle, and the other terms and conditions of the offer to purchase or lease a Vehicle. Please note that MSRP does not include taxes, title, license, destination, options and other dealer fees and charges.

You will have the right to accept or reject any offer made to you to purchase or lease the Vehicle by the Selected Dealer. If you reject any such offer, you will not have a right to receive any other offer for the Vehicle. If you accept any such offer, you will be required to execute any and all documents and agreements that may be required by the Selected Dealer. Please note that this Agreement is not an offer, order or agreement for sale or lease of any Vehicle.

After you have completed the steps required for you to participate in the Program (including, without limitation, payment of the Reservation Payment), you will still be required to contact the Selected Dealer to, among other things, receive your offer to purchase or lease a Vehicle from the Selected Dealer and to discuss final transaction pricing, confirm a trade-in (if relevant), finalize any necessary financing, and (if you accept the Selected Dealer’s offer) complete your purchase or lease through the Selected Dealer. Participation in the Program does not guarantee you Vehicle delivery or financing, nor does it guarantee you any particular purchase or lease price for the Vehicle.

You acknowledge and agree that you may receive your offer from the Selected Dealer to purchase or lease the Vehicle before or after the Vehicle has been delivered to the Selected Dealer. Under the Program, after you have successfully completed the registration process, if you accept such offer, you may either purchase or lease the Vehicle from the Selected Dealer within ten (10) days after the Vehicle is delivered to the Selected Dealer. If you choose to purchase or lease the Vehicle from the Selected Dealer, the Reservation Payment will be applied to the final negotiated purchase or lease price of the Vehicle by the Selected Dealer. Lease or financing options through Kia Motors Finance are subject to credit approval. Participation in the Program will not affect your chances of credit approval.

The Program does NOT require you to accept any offer from the Selected Dealer for the Vehicle nor does it require you to complete a Vehicle purchase or lease.

If you accept an offer from the Selected Dealer to purchase or lease the Vehicle, to the extent allowed by state and local laws and subject to additional terms provided by the Selected Dealer, you agree to make your best effort to schedule, take possession, and/or arrange for purchase or lease of your Vehicle within ten (10) days of being notified by the Selected Dealer that the Vehicle is available for delivery to you. After such ten (10) days, the Selected Dealer may sell or lease the Vehicle to another customer. In this case, you will not lose your Reservation Payment and you will receive a full refund of your Reservation Payment.

At the time you register for the Program on the Site, you will be asked to select your paint color or potentially other options for your Vehicle. Vehicle options visible to you at the time of such registration may not be available. All configurations must be confirmed when placing a Reservation Payment by you and prior to the Vehicle entering production. You are solely responsible for confirming the accuracy and completeness of the configurations for the Vehicle. Model year, paint color, and other options are not guaranteed, and are subject to production or sales changes or restrictions without notice. We are not responsible for any configurations you have selected and the impact such configurations may have on the availability, production timing, performance, or price of the Vehicle. You are responsible for inspecting the Vehicle prior to purchasing or leasing the Vehicle to confirm its configurations. If the Vehicle’s configurations vary from the configurations which were confirmed at the time of your registration in the Program, you must notify the Selected Dealer immediately prior to purchase or lease. We are not responsible for any such discrepancies before or after Vehicle purchase.

Vehicle design and all configuration and package options, including price, as well as equipment, options and availability, may be subject to change and are  NOT guaranteed. This Program is designed to allow you to reserve the right to negotiate the purchase or lease of a Vehicle configuration and you may make changes to your configuration selection up until September 1, 2021. After that date, no changes may be made to the Vehicle. Once you choose the paint color of your Vehicle (which is not a guarantee you will receive that color), your reservation is tied to a specific order at the Selected Dealer. If you are unable to complete their purchase or lease for any reason will be given a full refund of the Reservation Payment (see “Refunds” section below).

Your right to receive an offer to purchase or lease a Vehicle is non-transferable to any person or entity. Vehicle sale and title will be completed by the Selected Dealer at the time of Vehicle purchase.

2. Program Eligibility Requirements

The Program is available only to individuals residing in the United States who are at least eighteen (18) years of age or the age of majority in the individual’s state of residence. Vehicles must be purchased from and delivered through an authorized, participating Kia Dealer in the United States. No more than one (1) reservation per person/household is permitted.

Employees of KUS, its affiliates, its advertising/promotion agencies, and its Dealers, and each of their respective family members are prohibited from participating in the Program.

KUS shall have the right to cancel your participation in the Program at any time for any or no reason. In the event KUS cancels your participation in the Program: (i) you will have no right to receive an offer for or to purchase or lease a Vehicle, (ii) KUS shall have no liability to you on account of such cancellation, and (iii) you will be refunded your Reservation Payment.

By registering for the Program, you represent and warrant to KUS that you are in compliance with the Program’s requirements.

3. Refunds

Registering for the Program on the Site does NOT require you to make a Vehicle purchase or lease or to complete a purchase or lease. You may request a refund of your Reservation Payment online at the Site any time prior to your purchase or lease of the Vehicle by logging into your Site account. If you request a refund of the Reservation Payment in accordance with the foregoing: (a) the Reservation Payment will be credited back to your credit card on file within thirty (30) business days after such request is made on the Site, (b) you will no longer have a right to receive an offer for the Vehicle or to purchase or lease a Vehicle, and (c) the Vehicle may be made available to other customers. A request for refund of the Reservation Payment cannot be made at the Selected Dealer. THE LIABILITY OF KUS TO YOU RELATING TO YOUR PARTICIPATION IN THE PROGRAM IS LIMITED TO THE REFUND OF YOUR RESERVATION PAYMENT.

4. Notices and Questions

You agree that: (i) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Site, or in another reasonable manner, and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address.

If you have a question regarding using the Site, you may contact us here.

5. Text Communications

A. Text Alerts. We may offer you the ability to receive text alerts from KUS or Dealers. By opting in to any KUS text alert program, you are agreeing to receive automated marketing text messages from KUS, a Dealer or third-parties acting such parties’ behalf, to the telephone number you provide. Your consent is not a condition of purchase and you can stop at any time. Text HELP in response to a messages received for additional help and/or STOP to any message to cancel. KUS shall not be responsible or liable for the accuracy, usefulness or availability, of information transmitted via this text service. KUS makes no warranty that: (i) the text service is compatible with your equipment, (ii) the service will meet your requirements, (iii) the service will be uninterrupted, timely, secure, or error-free, or (iv) the results that may be obtained from the use of the service will be secure, complete, accurate or reliable. You will be solely responsible for any damage to your equipment by virtue of the use of the text alerts service. Standard text messaging and data rates may apply through your service provider.

B. Call Recording and Monitoring. You acknowledge that telephone calls, voicemails, messages and texts may be monitored and recorded and you consent to such monitoring and recording.

C. Your Provision of Telephone Numbers and Other Contact Information. You verify that any contact information provided to KUS, our respective agents and affiliates, including, without limitation, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account access at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to any text message you receive from us. In the event that you get a new telephone number, you will need to contact us.

D. Your Consent to Receive Communications. You acknowledge that by voluntarily providing your telephone number(s) to KUS and our respective agents and affiliates, you expressly agree to receive automated communications, including, artificial voices, pre-recorded voice messages and/or auto-dialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from KUS, its agents, independent contractors, and affiliates related to the Program or other promotions, discounts, events and sweepstakes registration, changes and updates, service outages, any transaction with KUS, and/or your relationship with us. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You understand that you may receive automated text messages to any telephone number you provide at any time. You also agree that KUS may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time. You agree to receive automated text messages from us, our agents, independent contractors, customers, and affiliates even if you terminate your relationship with us, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional texts as a condition of purchasing any Vehicle. To opt-out, please see the Opt-Out Instructions below.

E. Opt-Out Instructions for Automated Texts. Your consent to receive automated texts is completely voluntary. You may opt-out at any time by sending a “STOP” request by replying to any text message you receive from us. You acknowledge and agree to accept a final text message confirming your opt-out. It is your sole responsibility to notify us if you no longer want to receive automated text messages. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days (or ten (10) business days where required by law) to process any opt-out request. Please note that if you opt out of automated text messages, we reserve the right to send you confirming text messages or make non-automated calls to you. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.

F. Fees and Charges. There is no fee to receive automated text messages from us, our agents, affiliates, and independent contractors. However, you may incur a charge for these text messages from your telephone carrier, which is your sole responsibility. Messaging and data rates may be applicable and you may be responsible for fees or charges from your carrier. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that KUS, our agents, affiliates, and independent contractors are not responsible for such charges. Your obligations under this Section will survive expiration or termination of this Agreement.

G. Unauthorized Use of Your Telephone Device. You must notify us immediately of any breach of security or unauthorized use of your telephone device. Although we, our agents, affiliates, and independent contractors will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for the losses of KUS, our agents, affiliates, and independent contractors or others due to such unauthorized use.

H. Your Indemnification to Us. You agree to indemnify the Kia Parties (as defined in the Kia.com Terms of Use) for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act (“TCPA”) or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold the Kia Parties harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). KUS shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

I. Release of Claims. In consideration of the services provided by KUS, you hereby release KUS, our agents, affiliates, and independent contractors from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including, without limitation, any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the TCPA, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

J. General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available to customers of select carriers with compatible handsets. Your obligations under this Section will survive termination of this Agreement.

6. Amendments

This Agreement may be updated from time to time. You should check this Site regularly for updates to this Agreement. Each time you access, use, or sign-in to the Site, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement. Modifications take effect as soon as they are posted to the Site, delivered to you, or reasonably made available to you in writing by KUS. However, no unilateral amendment will retroactively modify the parties’ agreed-to dispute resolution provisions of this Agreement for then-pending disputes, unless the parties expressly agree otherwise in writing.

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