INTRODUCTION

The content, advertising and financial market information accessible through http://www.threepeaks.com, including but not limited to all design, text, audio, images and financial analysis and research and other financial market data (the "Information") is provided by Three Peaks Capital Management LLC., a Colorado limited liability company, and its members, officers, managers, employees, affiliates and agents (collectively "Three Peaks"). Your review or use of this information after accessing the web site constitutes your acceptance of this Disclosure and User Agreement (the "Agreement").

The information provided by Three Peaks is for information purposes only and should not be used or construed as investment advice or as legal or tax advice to you, or as an offer to sell, solicitation of an offer to buy or any endorsement, recommendation or sponsorship of any company or security by Three Peaks. You acknowledge that any requests for information are unsolicited and shall neither constitute nor be construed as investment advice by Three Peaks to you. It is strongly recommended that you seek outside advice from a qualified securities professional. Three Peaks does not guarantee the suitability or potential value of any particular investment or information source. Three Peaks may invest or otherwise hold an interest in companies or securities discussed on this web site. No information should be interpreted to state or imply that past results are an indication of future performance.

MODIFICATION AND MONITORING OF WEBSITE

Three Peaks reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time without notice to you. We suggest that you check these terms periodically for changes. If you use this website after we post changes to the terms, you accept the changed terms. Three Peaks expressly reserves the right to monitor any and all use of this website.

LIMITS ON USE

The Information is the exclusive property of Three Peaks and is protected by applicable copyright and trademark law and other proprietary rights. Unauthorized use of the Information is prohibited. You agree not to copy, reproduce, download, retransmit, disseminate, sell, rent, sublicense, distribute, publish, perform, broadcast, display, circulate or commercially exploit the Information in any manner, or alter, store for subsequent use, decompile, disassemble, reverse engineer, or otherwise use the Information in whole or in part without the express written consent of Three Peaks. Any rights not expressly granted herein are reserved by Three Peaks. You may not link other websites to this website without the express written permission of Three Peaks. You may download one temporary copy of the Information into one single computer’s memory solely for your own personal non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices shall be kept intact.

DISCLAIMERS OF WARRANTIES AND LIABILITY

Due to various factors, including the inherent possibility of human and mechanical error, the accuracy, completeness and timeliness of the Information and the results obtained from its use, or correct sequencing of the Information is not guaranteed by Three Peaks or any persons creating or transmitting the Information. News stories reflect only the author’s opinion and not that of Three Peaks.

YOUR USE OF THE INFORMATION IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION, THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THREE PEAKS AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF YOUR USE OF OR ACCESS TO THE INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF OPPORTUNITY, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF THREE PEAKS OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THREE PEAKS OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.

This site may from time to time include links to other (third-party) internet sites which have not necessarily been screened or reviewed by Three Peaks and which may contain inaccurate, inappropriate or offensive material, products or services and the existence of external links does not constitute an endorsement by Three Peaks of the linked website. Three Peaks assumes no responsibility or liability with regard to the accuracy, reliability, legality or decency of such third-party sites, content, products or services. Three Peaks and any person creating or transmitting the Information shall not be liable for any infection by viruses of or damage to any computer that results from your use of, access to or downloading of the Information. If you are dissatisfied with the Information, products or services offered at this site or with the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue use of and access to this site and the Information.

TERMINATION AND CANCELLATION

Three Peaks reserves the right to modify or terminate this web site or any of these terms without notice at any time.

TRADEMARKS

All trade names, trademarks, service marks and other product and service names and logos displayed herein are the proprietary marks and names of their respective owners, are protected by applicable copyright and trademark laws and may not be used by you without express authorization.

JURISDICTIONAL ISSUES AND APPLICABLE LAW

Unless otherwise specified, Three Peaks controls and operates this site from its offices within the State of Colorado, United States of America.

• Three Peaks does not claim that materials in this site are appropriate or available for use in locations other than the 50 states and District of Columbia of the United States. If you choose to access this site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.

• To the extent that software is made available on this web site, such software will be further subject to United States export controls. Any such software from this site may not be downloaded or otherwise exported or reexported outside the United States. By downloading or using any such Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States.

The laws of the State of Colorado govern these terms.

GENERAL

Should any provision of this Agreement or portion thereof be held illegal or unenforceable by an appropriate jurisdiction, such provision shall be limited or severed and the remainder of the Agreement shall continue in full force and effect. Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you and any such attempted assignment or transfer shall be void and without effect.

The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.