Terms Of Use GAIAM WEBSITE AGREEMENT AND TERMS OF USE Safe Harbor The following constitutes a “Safe Harbor” statement under the Private Securities Litigation Reform Act of 1995. Except for the historical facts contained on this web site, the statements and information in the Investor Relations or any other section of Gaiam’s website are forward-looking statements that represent management's beliefs and assumptions based on currently available information. Forward-looking statements can be identified by the use of words such as “believes,” “intends,” “may,” “will,” “should,” “anticipates,” “expects,” or comparable terminology or by discussions of strategy or trends. Although Gaiam believes that the expectations reflected in such forward-looking statements are reasonable, it cannot give any assurances that these expectations will prove to be correct. Such statements by their nature involve risks and uncertainties, including but not limited to general business, economic and political conditions, the integration of acquisitions, the timely development of new businesses, the impact of competition, and other risks and uncertainties detailed from time to time in Gaiam’s SEC reports. Should one or more of these risks or uncertainties materialize (or the consequences of such a development worsen), or should the underlying assumptions prove incorrect, actual results could differ materially from those forecasted or expected. Gaiam disclaims any intention or obligation to update or revise such statements, whether as a result of new information, future events or otherwise. Acceptance of Terms: Welcome to the Gaiam Web Site (the "Site"). The following are the basic terms and conditions that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to this Website Agreement and Terms of Use (this "Agreement"), please exit the Site immediately and do not use or purchase products from our Site. Gaiam reserves the right to change this Agreement or terminate access to this Site at any time, with or without notice. Your use of our Site after such a change constitutes acceptance of the most current version of this Agreement Ownership, Copyright, and Trademark Matters: This Site is owned and operated by Gaiam, Inc. Unless stated otherwise, all of the content contained on the Site (including, but not limited to, text, images, descriptions and designs) is the intellectual property of Gaiam, Inc., or its subsidiaries (collectively, "Gaiam") and is intended only for use on our Site. Accordingly, Gaiam owns the copyright in all information or materials provided here unless stated otherwise. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as explicitly provided below. Modification of the materials or use of the materials for any purpose other than those purposes explicitly permitted below is a violation of Gaiam's copyright and/or other proprietary rights. The use of any materials from this Site on any other website or networked computer environment is prohibited. The trademarks and service marks ("Trademarks") used or displayed on this Site are registered and unregistered Trademarks of Gaiam, unless otherwise noted. Nothing in this Site should be construed as granting -- by implication, estoppel, or otherwise -- any license or right to use any Trademarks displayed on the site without the prior express written permission of Gaiam or the trademark owner. The name "Gaiam" or "Gaiam.com" or Gaiam's logos may not be used in any way without Gaiam's prior written consent. You may not use Gaiam's logos as a "hot" link to any other site unless the establishment of such a link is approved by Gaiam in advance and in writing. Users of this Site are permitted to download one copy of the information in this Site for personal, noncommercial use. This limited, revocable privilege to use the content in no way constitutes a transfer of title or right to use the content in any improper way or for any commercial purpose whatsoever. You may not, under any circumstances, (a) modify the information on this Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the information; (c) remove any copyright, trademark registration, or other proprietary notices from the information; or (d) transfer the information to another person. Disclaimer and Limitation of Liability THE MATERIALS AND INFORMATION YOU FIND ON THIS SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. This disclaimer applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Gaiam is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and Gaiam reserves the right to remove such materials from this Site without liability. Under no circumstances, including, but not limited to, negligence, shall Gaiam be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if Gaiam or a Gaiam authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Gaiam's total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this Site. Applicable Law; Contract Interpretation Gaiam's principal place of business is in Colorado, and Gaiam operates this Site from its offices in Colorado. The laws of the State of Colorado apply to this Agreement, without regard to conflicts of laws principles. If any provision of this Agreement is ruled to be unlawful, void, or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and Gaiam relating to the subject of this Site. Indemnity You agree to defend, indemnify, and hold harmless Gaiam, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of this Site or your breach of the terms of this Agreement. Gaiam shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. Dispute Resolution Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in Denver, Colorado. You expressly waive and are estopped from asserting any right to pursue any claim against Gaiam relating to this Agreement in any forum or venue located outside of Denver, Colorado, in the event of the filing of any such claim, you stipulate to the transfer of the filing to any appropriate or available forum or court in Denver, Colorado, at Gaiam's sole discretion.