PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AND THE DISCLOSURES ELSEWHERE ON www.peqm.com AND ANY PAGES THEREOF (THE "SITE"). BY ACCESSING THIS SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS LISTED BELOW AND DISCLOSURES ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND DISCLOSURES, DO NOT ACCESS THE SITE, OR ANY PAGES THEREOF

Performance Equity Management, LLC (“PEM”) has created the Site for the use of U.S. institutional investors, such as retirement plan sponsors, pension funds, endowments and foundations, only. The Site is not intended to be visited or accessed by non-U.S. investors.

No Offer/Local Restrictions

Nothing contained in or on the Site should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, investment or to engage in any other transaction. PEM offers a number of products and services designed specifically for various categories of investors. Not all products will be available to all investors. These products or services are only offered to such investors in those countries and regions in accordance with applicable laws and regulations.

The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing the Site do so on their own initiative and are responsible for compliance with applicable local laws and regulations.

Site Operation

The Site is operated from offices within the United States of America. PEM does not represent that the information on the Site is appropriate or available for use in other locations. Access from certain locations may be strictly prohibited. Those who access this Site do so on their own initiative and are responsible for compliance with all applicable local laws. The laws of the State of Connecticut will govern any claims relating to the information contained on this Site unless otherwise noted herein or required by applicable law.

No Reliance

PEM and its affiliates do not assume any liability or guarantee for the timeliness, accuracy and completeness of the information provided. PEM uses reasonable efforts to obtain information from sources which it believes to be reliable; however, PEM makes no representation that the information or opinions contained on the Site is accurate, reliable or complete. The information on the Site is provided for informational purposes only and is subject to change without notice. The investments and strategies discussed in the contents may not be suitable for all investors and are not obligations of PEM or guaranteed by PEM. The investments are not bank deposits and are not insured by the FDIC or any other entity and are subject to investment risks, including the loss of the principal amount invested. Nothing contained on the Site constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.

No Warranty

THE INFORMATION ON THE SITE IS PROVIDED "AS IS". NEITHER PEM NOR ITS AFFILIATES WARRANT THE ACCURACY OF THE MATERIALS PROVIDED HEREIN, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EACH EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitations of Liability

In no event, including negligence, will PEM or its affiliates be liable for any loss or damage of any kind, including any direct, special indirect or consequential damages arising out of or in connection with the access of, use of, performance of, browsing in or linking to other sites from the Site.

Copyright Statement

All information and material contained in the website is provided by PEM and is subject to copyright and/or trademark protection laws. PEM reserves the right to change content without notice. No part of this site may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying or recording, or by any information storage or retrieval system, without the express written permission of PEM.

Linked Internet Sites

PEM may from time to time provide hypertext or other links to sites that may be of interest to users. PEM does not endorse, sponsor or promote any products or services offered by such sites and has not passed on the merits of any information contained on such sites. PEM assumes no responsibility whatsoever for any material outside its own web pages. PEM is not responsible for the privacy practices of third party websites.

Indemnification

You agree to make PEM and its subsidiaries and affiliates whole for any and all claims, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Site or any violation of this Agreement unless prohibited by law.

Privacy

When using the Site, PEM does not monitor or collect any personally identifiable information from you. PEM may, however, track the number of users who visit the public areas of the Site. PEM may also record the location of your computer on the Internet for systems administrative and trouble shooting purposes and to report aggregate information. PEM uses various technical means, including "cookies", to collect and store information about your Internet connection when you visit the Site. Cookies are data elements that the Site sends to your browser. PEM uses cookies to measure the number of visitors to different parts of the Site. This information helps PEM to improve the Site and make it more useful to the Site's visitors. If you would prefer not to accept cookies from the Site, you may set your browser accordingly. If you choose to disable cookies in your browser, you can still access most of the Site. PEM may use other methods now or in the future to accomplish the goals of collecting technical and navigation information about the Site.

Privacy Information For Password-protected Areas on the Site

While PEM takes active steps, including use of firewall barriers, encryption techniques and authentication procedures, to protect all information PEM receives online, PEM cannot guarantee the security of any information you transmit to the Site online, and you do so at your own risk.

If you share your information, including, if applicable, your password information, with a third party, you do so at your own risk. By doing so, you may compromise the security of your information, including account/financial information. If you share your password information with a third party, such as an information aggregator, we may not be able to verify the user of the password information. If you choose to share your password information with a third party, including an information aggregator, we assume no liability or responsibility whatsoever for the integrity and security of that third party's information systems or the dissemination, through a third party, of any of your personal and confidential information. For security reasons, you will automatically be logged out of a password-protected site after 30 minutes of browser inactivity.

United Kingdom Users

This communication is directed at professional persons (this includes persons who are eligible counterparties and professional clients, as defined by the Financial Services Authority ("FSA")) who have professional experience in matters relating to investments. The products and services to which this communication relates are only available to such persons. Persons of any other description (including those individuals who are private investors who fall within the FSA definition of 'retail clients') should not rely on this communication.

To the extent this communication refers to collective investment schemes, this communication is directed at persons having professional experience of participating in unregulated schemes and at trustees of high value trusts. Units in the scheme(s) to which this communication relates are available only to such persons. Persons who do not have professional experience in participating in unregulated schemes or who are not the trustees of a high value trust should not rely on this communication. Participation in exempt collective investment schemes is restricted to pension schemes or funds which satisfy the criteria set out in the Income Tax (Pension Funds Pooling Schemes) Regulations 1996 (as amended).

For Australia Investors

Collection of Information

We will only collect personal information about individuals in the following circumstances:

  • when the information is relevant to our business relationship with those individuals; or
  • when the information is relevant to our business relationship with a customer, where the customer retains us for the purpose of assisting it to provide a service to those individuals.

We will only collect personal information directly from an individual, or from a third party who is authorised by the individual to disclose the information to us.

We will only collect sensitive information (e.g. information about religious beliefs, health or a criminal record) about an individual in the circumstances permitted by the Privacy Act 1988.

Use and Disclosure

We will use personal information about an individual for the purpose(s) for which it was disclosed to us or other related purposes for which the individual would reasonably expect that the personal information would be used or disclosed. If we use or disclose personal information for any other purpose, we will only do so with the individual's consent or in the circumstances permitted by the Privacy Act 1988. We will only transfer information overseas in the circumstances permitted by the Privacy Act 1988.

We will not use a government identifier, such as a tax file number, to identify individuals.

In the course of our business, we might disclose personal information to the following organisations, or types of organisations (among others):

  • if we collected the personal information from a third party who was authorised by the relevant individual to disclose it to us, to that third party or as directed by that third party;
  • as required by law, government agency or enforcement bodies;
  • our agents and contractors;
  • members of PEM; and
  • any other person with the individual's consent or if the disclosure is permitted or necessary to fulfill the purpose for which the information was collected.

Access to and Correction of Personal Information

An individual may contact us to determine whether we hold personal information about him or her, and, if so, to request access to that personal information. The relevant contact details appear at the end of this policy. We will give the individual access to his or her personal information except in the circumstances permitted by the Privacy Act 1988. If we refuse an individual access to his or her personal information we will tell him or her our reasons.

We will take reasonable steps to ensure that personal information is accurate, complete, and up-to-date. If an individual requests us to correct or update personal information, we will do so.

Security

We will take reasonable steps to:

  • protect personal information we hold from misuse and loss, and from unauthorised access, modification or disclosure; and
  • destroy or de-identify personal information which is no longer needed.

The steps we will take to protect personal information will depend on the type of information and the purpose for which it is held. For instance, they may include:

  • limiting access to the personal information on a need-to-know basis;
  • storing hard copy information in locked files; and
  • checking with the individual to ensure that information is accurate, complete and up-to-date.