James J. Cramer is a Markets Commentator for TheStreet.com and CNBC, as well as director and co-founder of TheStreet.com. TheStreet.com is a publisher and a registered investment adviser. The Action Alerts PLUS Portfolio (the "Portfolio") contains all of Mr. Cramer's personal investments in publicly-traded equity securities only, and does not include any mutual fund holdings or other institutionally managed assets, private equity investments, or his holdings in TheStreet.com, Inc. In March 2005, these investments were irrevocably conveyed to a Trust, the realized profits from which have been pledged to charity. Mr. Cramer retains full investment discretion with respect to all securities contained in the Trust. Results take into account dividends paid, interest earned on cash, and actual commissions paid. Trades in the Portfolio are generally executed upon receipt of confirmation that the Action Alert email containing the report of such trade has been sent to all Action Alerts PLUS subscribers. Results obtained by subscribers may differ from results obtained by Mr. Cramer for many reasons, including, without limitation: (i) the large size of the Portfolio and the high volume of shares traded by Mr. Cramer tend to reduce the effect of commissions on the overall return of the Portfolio relative to the generally smaller portfolios of subscribers, (ii) the prices of stocks in the Portfolio at the point in time subscribers begin subscribing to Action Alerts PLUS may be higher than such prices at the time of Mr. Cramer's purchases of them, and (iii) subscribers may not have the capital to trade as frequently as Mr. Cramer. Additionally, Mr. Cramer is subject to certain trading restrictions, and must hold all securities in the Action Alerts PLUS Portfolio for at least one month, and is not permitted to buy or sell any security he has spoken about on television or on his radio program, for five days following the broadcast.

Action Alerts PLUS contains Mr. Cramer's own opinions, and none of the information contained therein constitutes a recommendation by Mr. Cramer or TheStreet.com that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You further understand that Mr. Cramer will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in Action Alerts PLUS may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. Mr. Cramer's past results are not necessarily indicative of future performance. DO NOT EMAIL MR. CRAMER SEEKING PERSONALIZED INVESTMENT ADVICE, WHICH HE CANNOT PROVIDE.