Terms of Use

Last Updated: November 15, 2010

1. Introduction

THIS SITE AND RELATED CONTENT AND SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

IMPORTANT NOTICE TO YOU

These Terms and Conditions of Use (the “Terms and Conditions”) govern your use of the gevo.com website, including without limitation use of all content, data, images, information and other materials posted on or available through the website (collectively, the “Site”). These Terms and Conditions are in addition to any other agreement you may have with Gevo, Inc. or any of its majority owned subsidiaries (collectively “Gevo”), including any agreement governing purchase or use of Gevo’s products or services by you or your organization.

As a condition of your use of this Site, you warrant to Gevo that you will not use the Site (i) for any purpose that is unlawful, (ii) for any commercial purpose, (iii) other than internally for your own personal use, (iv) or in any manner prohibited by these Terms and Conditions. You may not reverse engineer, deconstruct, disassemble or decompile any software or technology underlying the Site or provided through the Site. If you breach any of these Terms and Conditions, your authorization to use this Site shall automatically terminate.

The contents of the Site may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of Gevo, Inc., except that you may download content from the Site to any single computer, provided you keep intact all copyright, trademark, and other proprietary notices and comply with these terms and any additional applicable end user license agreements. Except as provided in these Terms and Conditions, any use of these materials on any other website or networked computer environment for any purpose is prohibited.

You acknowledge and agree that this limited license to use the Site subject to these Terms and Conditions does not grant you any other right or license, by implication, estoppel or otherwise, under the intellectual property rights of Gevo or any third party.

2. Ownership

The Site is owned and operated by Gevo, Inc. All content, data, information and other materials on or directly accessible from the Site, is owned by Gevo, its affiliates, licensors and/or vendors. The Site is protected by United States and international copyright and trademark laws. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Gevo and/or its vendors and licensors. Any copies that you make of material or other content provided through the Site must contain the same copyright and other proprietary notices that appear with the material or content.

3. No Framing

You may not frame or utilize framing techniques to use, surround or enclose any of Gevo’s names, trademarks, service marks, logos, or other proprietary information (including; images, text, page layout, or form) of Gevo and/or its affiliates without Gevo, Inc.’s express written consent.

4. Jurisdiction

This Site is controlled and operated by Gevo from its offices within the State of Colorado, United States of America. Gevo makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable. The software, technology and other information from this Site is further subject to United States export controls and, potentially, the import laws of your jurisdiction. No software, technology or other information from this Site may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from this Site in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.

5. Trademarks

GEVO® GIFT™, and GEVO INTEGRATED FERMENTATION TECHNOLOGY®, and related designs are trademark(s) and service mark(s) owned by Gevo, Inc. Gevo’s trademarks and service marks may not be used in connection with any product or service that is not from Gevo, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gevo. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. Gevo does not make any claims to the marks of others which might appear on the Site. You gain no right to use any marks of Gevo or any other entity by virtue of your use of this Site.

6. Gevo’s Use of Your Data and Communications

You acknowledge that any communications, material, information, or data of any kind that you e-mail, post, or transmit to or through the Site, including, questions, comments, suggestions and other information (your “Communications”) will be treated as non-confidential and non-proprietary by Gevo. You hereby represent and warrant that you have the right to provide to Gevo all Communications you submit to Gevo through the Site. By using the Site, you authorize and hereby grant Gevo a non-exclusive, transferable, sublicensable, fully-paid, royalty-free, perpetual, world-wide, irrevocable license to reproduce, create derivative works of, transmit, display, disclose, sell, and otherwise use your Communications for reasonable business purposes, except as expressly prohibited by Gevo’s Privacy Policy.

YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND GEVO DOES NOT AND CANNOT GUARANTEE THAT YOUR INFORMATION OR COMMUNICATIONS CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. YOU ACKNOWLEDGE AND AGREE THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE SITE, YOUR INFORMATION OR COMMUNICATIONS, AND/OR GEVO’S NETWORKS. GEVO SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES OR FOR YOUR INABILITY TO ACCESS OR USE THE SITE. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR INFORMATION AND SYSTEMS.

7. Hyperlinking to the Site

Except as specifically provided in these Terms and Conditions, you may not create hyperlinks to this Site. You may provide hyperlinks to the Site on a non-commercial, not-for-profit website, freely accessible by the public at no charge, provided that “deep links” (e.g., hyperlinks other than to Gevo’s homepage currently located at www.gevo.com) must be in accordance with any additional terms, conditions and/or technical instructions that Gevo may post on the Site from time-to-time. If you desire to link to this Site in any other manner, you must obtain Gevo’s’ written permission pursuant to a Hyperlink Agreement. You shall not link to this Site in any manner which states or implies any affiliation between you or your organization and Gevo, or any sponsorship, approval or recommendation of you or your organization by Gevo. Any permitted link to this Site must clearly identify Gevo, Inc. as the owner of this Site. Gevo reserves the right to redirect any links to the Site to any page it chooses.

8. Acceptable Use

You must not transmit any material on or through the Site that (a) restricts any other user’s enjoyment of the Site, (b) is unlawful, threatening, abusive, libelous, defamatory, pornographic, profane or otherwise offensive, (c) constitutes or encourages criminal conduct, gives rise to civil liability, or otherwise violates any law, (d) violates or infringes the rights of any third party including, without limitation, patent, copyright, trademark, privacy or any other proprietary right, (e) contains a virus or other harmful component, or (f) contains false or misleading indications of origin or statements of fact. Gevo reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, government request, court order, subpoena or other legal process, or to edit or remove any information, in whole or in part, that in Gevo’s sole discretion is objectionable, disruptive to the Site or in violation of these Terms and Conditions.

9. Use of Robots

Gevo does not permit the use of robots, spiders, crawlers or the like in connection with the Site without Gevo’s prior written permission. This restriction does not apply to the use of these mechanisms to index content of the Site for use in connection with search engines and other online directories.

10. External Hyperlinks from the Site

The Site contains hyperlinks to third party websites. External hyperlinks to or from the Site do not constitute any endorsement or recommendation by Gevo of any third party or its website, products, resources or other information. An external hyperlink to a site does not imply that Gevo is affiliated with or sponsors the third party’s website. Gevo is not responsible for any software, data or other information available from any third party website. You are solely responsible for complying with all terms and conditions of use for the third party sites. You acknowledge that Gevo shall have no liability for any damage or loss arising from your access to, use of or reliance on any third party site, software, data, or other information.

11. Accuracy and Integrity of Information

Although Gevo attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible the Site may include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Gevo so that it can be corrected. Information contained on the Site may be changed or updated without notice.

12. No Warranty

THE SITE AND ALL INFORMATION AND CONTENT AVAILABLE THROUGH THE SITE IS PROVIDED “AS IS,” WITH ALL FAULTS, AND “AS AVAILABLE”. GEVO DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE RESULTS OF ANY QUERY WILL BE COMPLETE OR ACCURATE. GEVO DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, GEVO DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY DATA, DESCRIPTION, IDENTIFICATION OR OTHER INFORMATION DISPLAYED, DISTRIBUTED, HYPERLINKED OR OTHERWISE REFERRED TO THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GEVO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

13. Limitation of Liability

NEITHER GEVO, NOR ITS AFFILIATES, LICENSORS OR SUPPLIERS, WILL BE LIABLE UNDER ANY THEORY FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SITE OR THE INFORMATION CONTAINED THEREIN, HOWEVER ARISING, EVEN IF GEVO OR ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO THE EXTENT IT IS PROHIBITED BY LAW.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR OTHER SITE-RELATED CONTENT, INFORMATION, SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR SUCH CONTENT, INFORMATION, SERVICES, OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

14. Indemnification

You agree to indemnify and defend Gevo and its affiliates, and their respective officers, directors, shareholders, employees, and agents from any claims, actions, losses, liabilities, damages, costs, and expenses (including attorneys fees and costs) directly or indirectly arising from your (a) use of the Site, (b) violation of any third party right, or (c) breach of any of these Terms and Conditions. You agree to cooperate as fully as reasonably required in the defense of any claim. Gevo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of Gevo.

15. Procedure for Making Claims of Copyright Infringement

Gevo respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Gevo the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

16. Investors – Disclaimer Regarding Forward Looking Statements

All statements in the Site that are not historical are “forward-looking statements” within the meaning of Section 21E of the Securities Exchange Act as amended, including statements regarding Gevo’s “expectations,” “beliefs,” “hopes,” “intentions,” “strategies,” or the like. Such statements are subject to risks and uncertainties that could cause actual results to differ materially for Gevo from those projected, including, but not limited to, risks of Gevo’s ability to achieve and sustain higher levels of revenue, higher gross margins, reduced operating expenses, uncertainties relating to technological approaches, product development, manufacturing, market acceptance, personnel retention, uncertainties related to cost and pricing of Gevo’s products and services, dependence on collaborative partners, uncertainties relating to sole source suppliers, uncertainties relating regulatory approvals, competition, risks relating to intellectual property of others and the uncertainties of patent protection and litigation. Gevo undertakes no obligation to update such forward-looking statements. These and other risk factors are discussed in greater detail in Gevo, Inc.’s S-1 and other related securities filings available on the Edgar Web site.

17. Changes to these Terms and Conditions

Gevo reserves the right to make changes to these Terms and Conditions at any time. Please check these Terms and Conditions when you use the Site to ensure that you are aware of any changes. The Terms and Conditions will indicate the date they were last updated. Your continued use of this Site, including use after the posting of any changes to these terms, will be deemed acceptance by you of the then-current Terms and Conditions.

18. General

Except as provided below, these Terms and Conditions and the Privacy Policy constitute the entire agreement between Gevo and you pertaining to the subject matter hereof. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site. The parties agree that any and all disputes, claims or controversies arising out of or relating to these Terms and Conditions that are not resolved by mutual agreement shall be submitted to final and binding arbitration before JAMS, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. The arbitration shall take place in Denver, Colorado, unless the parties otherwise agree in writing. Within fourteen (14) days thereafter, the arbitrator shall arrive at a final decision, which shall be reduced to writing, signed by the arbitrator, and mailed to each of the parties and their legal counsel. All decisions of the arbitrator shall be final, binding and conclusive on the parties and shall constitute the only method of resolving disputes or matters subject to arbitration pursuant to this Agreement; provided, however, nothing shall prohibit the parties from seeking injunctive relief and/or other equitable remedies in a court of competent jurisdiction. The arbitrator or a court of appropriate jurisdiction may issue a writ of execution to enforce the arbitrator’s judgment. Judgment may be entered upon such a decision in accordance with applicable law in any court having jurisdiction thereof.

If you have any questions concerning these Terms and Conditions, or you desire to contact Gevo for any reason, please write:

General Counsel
Gevo, Inc.
345 Inverness Drive South
Building C, Suite 310
Englewood, CO 80112
Telephone: (303) 858-8358
Email: email hidden; JavaScript is required