Preorder / Reservation Agreement

This Preorder / Reservation Agreement (these “Reservation Terms” or the “Reservation Agreement”) governs the placing of a preorder / reservation (“Reservation”) for an Also vehicle (“Vehicle”) with Also, Inc. “Also,” “we,” or “us” means Also, Inc., and “you” or “your” means the person who has placed a reservation. 

Please read all of these Reservation Terms carefully before placing your Reservation. By placing your Reservation, you agree to be legally bound by these Reservation Terms, collectively with any terms incorporated by reference (including our Terms of Use and the Privacy Policy).  Capitalized terms used but not defined in these Reservation Terms have the meanings given to them in our Terms of Use.

PLEASE NOTE THAT OUR TERMS OF USE REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.  If you do not agree to these Reservation Terms, including the aforementioned Arbitration Agreement, do not place a Reservation.

1. No Obligations

Each Reservation you submit for a Vehicle acts as a pre-order fee in the form of a gift card (subject to our “Gift Card Terms”)  for a future purchase of the Vehicle. Even if you submit a reservation, you are under no obligation to purchase a Vehicle from us, and we are under no obligation to supply you with a Vehicle.

These Terms do not constitute an agreement for the sale of a Vehicle and do not lock in pricing, a firm production slot, a firm delivery date, or specific Vehicle configuration. To complete the purchase or lease of a Vehicle, you will need to execute Also’s standard purchase agreement (“Sales Agreement”) which will include additional terms and conditions, including the final price sheet for the vehicle you ultimately select (“Your Selected Vehicle”).  The Sales Agreement may be made with another Also entity or its authorized distributor or retailer. Additional payment for Your Selected Vehicle, including taxes and other governmental fees, will be required at that time.

2. Eligibility: Age and Residency; Entity Reservations

You must be at least 18 years of age and a resident of the United States to reserve a Vehicle. By agreeing to these Reservation Terms, you represent and warrant to us that you are at least 18 years of age and a resident of the United States. If you are reserving a Vehicle on behalf of a company, organization or entity (each, an “Entity”) located in the United States, you represent and warrant that you have the authority to bind that Entity to these Reservation Terms and such Entity agrees to be bound by these Reservation Terms.

3. Registration

When placing a Reservation for a Vehicle, you represent and warrant that all information provided is accurate and complete, and you understand that it is your responsibility to keep this information current. You may update your information at any time by contacting Also Support at support@ridealso.com. Also shall not be liable for any reliance on inaccurate or outdated information.

4. Payment

You will be charged the fee indicated (the “Reservation Fee”) when you place your Reservation, and you will subsequently receive a unique code for your Also $50.00 Reservation Gift Card (the "Gift Card") at the email address provided under your Reservation.  Also is not responsible for validating your email address and will send the Gift Card to the email provided in the purchase.

Placing a Reservation constitutes your express agreement to be charged the Reservation Fee using your provided payment method. Your Gift Card may be applied towards the final sales price of Your Selected Vehicle when you execute the Sales Agreement. Your payment is subject to Also’s Gift Card Terms. 

5. No Guarantee of Delivery Date

You are reserving a Vehicle without specifying the model, features, and options. We will endeavor to produce Your Selected Vehicle in the future and your priority will be set by the date of payment of your Reservation Fee, our manufacturing schedule, our delivery and service operations availability and execution of the Sales Agreement. There is no guarantee as to delivery date based on your Reservation.

6. Cancellation/Refund

You may cancel your Reservation and receive a full refund of your Reservation Fee at any time by contacting Also Support at support@ridealso.com. You will receive your refund within approximately 5-10 business days to your original payment method. 

Also may cancel your Reservation at any time, for any reason in Also’s sole discretion. If this occurs, Also will issue a full refund of your Reservation Fee to your original payment method.

7. Vehicle Configuration and Battery Range

You understand that we may not have completed the development of the Vehicle or begun manufacturing the Vehicle at the time of your Reservation and specifications are subject to change at any time. You understand battery range and other available features have not yet been fully determined and may change, even after features are announced. By agreeing to these Reservation Terms, you represent and warrant to us that you understand that the Vehicle configuration may change prior to execution of any Sales Agreement.

8. Privacy

Our Privacy Policy is incorporated herein by reference.  Please read our Privacy Policy carefully as it provides you with information about Also’s privacy practices with respect to your personal information.  If you have questions regarding our Privacy Policy, please contact Also Support at privacy@ridealso.com.

9. Force Majeure

The obligations of you and Also under this Reservation Agreement (other than your payment obligations) will be suspended to the extent that such party is wholly or partially precluded from complying with its obligations under this Reservation Agreement resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

10. Severability

If any portion of this Reservation Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intent of the parties, and the remainder of this Reservation Agreement shall continue in full force and effect.

11. Modification

This Reservation Agreement may not be modified, altered or amended unless expressly agreed to in writing signed by Also.

12. No Waivers

Any waiver or failure to enforce any provision of the Reservation Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.  The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Also.

13. Assignment

The Reservation Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Also’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

14. No Resellers; Discontinuation; Cancellation; Non-Export

Vehicles are available for purchase and use by end users only and are not available for purchase or use by resellers.  Also and its affiliates may unilaterally cancel any Reservation that we believe has been made with the intent to resell the Vehicle or otherwise has been made in bad faith. Also may also cancel your Reservation if a Vehicle, product, feature, or option is discontinued after you place your Reservation.

The Vehicle is intended for use only in the country where the Vehicle is sold by Also to you, and service will be limited or unavailable outside of that country. You agree that you will not directly or indirectly export, or assist or facilitate the export of, a Vehicle to a country where the Unites States or Canada has imposed trade restrictions.

15. Limitation of Liability

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT,  TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL ALSO OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS RESERVATION AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT, CONSEQUENTIAL, AND OTHER DAMAGES ARE LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT, IN NO EVENT SHALL ALSO’S OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS’, EMPLOYEES’, LICENSORS’ AND PARTNERS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS RESERVATION AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO ALSO PURSUANT TO THIS RESERVATION AGREEMENT.

Exclusion of Damages.  CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ALSO AND YOU.

No Liability for Conduct of Third Parties.  YOU ACKNOWLEDGE AND AGREE THAT ALSO PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ALSO PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

16. Choice of Law

This Reservation Agreement, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of the State of California, without regard to choice or conflict of law principles, except as otherwise provided in the Arbitration Agreement within the Terms of Use.  

17. Third Party Beneficiaries

Also’s subsidiaries and affiliates shall be entitled to rely upon, shall be express third party beneficiaries of, and shall be entitled to enforce, the provisions of these Reservation Terms, including without limitation, the Arbitration Agreement and class action waiver.

18. Text Messages, Notifications, and Telephone Calls

By providing your wireless telephone number(s) and/or email address(es) now or in the future, you expressly consent to being contacted at those number(s) (via call or text) and/or email address(es) with non-marketing information about your Vehicle, such as service reminders and appointments.  Providing your wireless telephone number(s) for this purpose also signifies your participation in the Mobile Message Service to receive SMS/text message communications, and constitutes your agreement to the Mobile Terms in the Terms of Use. 

For all communications, you can control permission for calls texts or push notifications in the Also app, when available, or by contacting Also support at support@ridealso.com.  You may opt-out of the Mobile Message Service at any time by texting the single keyword command “stop,” “quit,” “end,” “revoke,” “opt out,” “cancel,” or “unsubscribe” to +18669307564, or click the unsubscribe link (where available) in any SMS/text message. 

19. Entire Agreement

These Reservation Terms, your Reservation confirmation, and any terms disclosed at the time of purchase (including the Gift Card Terms), along with our Terms of Use and Privacy Policy, which are incorporated herein by reference, constitute the entire agreement between you and us on the matters contained in these Reservation Terms. These Reservation Terms supersede all prior or contemporaneous agreements. In the event of any conflict between these Reservation Terms, the Gift Card Terms, our Terms of Use and our Privacy Policy in relation to the subject matter contained herein, these Reservation Terms shall prevail.

20. Printed Agreement

A printed version of this Reservation Agreement and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

21. Contact Us

If you have any questions, complaints, or claims with respect to these Reservation Terms, please contact us at: support@ridealso.com.